Punjab

Sangrur

CC/626/2016

Abhishek Batra - Complainant(s)

Versus

SYSKA GADGET SECURE - Opp.Party(s)

Shri Sandip Kumar Goyal

16 Dec 2016

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 626                                                                                        

                                                                   Instituted on:  21.10.2016

                                                                   Decided on:    16.12.2016

 

Abhishek Batra son of Shri Shambhu Natha Batra Resident of Ward No.1 Moonak, Tehsil Moonak, District Sangrur.

                                                …. Complainant.      

                                         

Versus

SYSKA GADGET SECURE, 4th Floor, Saphire Plaza Plot no.80, S.No.232, New Airport Rd Sakore Nagar Viman Nagar, Near Symbiosis College Pune ( Maharastra) 411001 through its M.D./General Manager.

        ….Opposite party.

 

FOR THE COMPLAINANT:        Shri Sandip Goyal  Advocate                          

 

FOR THE OPP. PARTY  :            Exparte         

 

Quorum

         

                    Sukhpal Singh Gill, President

Sarita Garg, Member

                 

 

 

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Abhishek Batra, complainant has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that he  got insured his mobile set of Vivo Company from the OP  on 27.11.2015  and paid an amount of Rs.1199/- as premium for the period from 27.11.2015 to 26.11.2016. On 26.06.2016 the screen of the mobile set had broken due to fallen from the bike and OP was informed about the damage. Thereafter the complainant was informed to fill online claim form  but after some time  the OP informed the complainant that his request has been cancelled due to not informed within 24 hours.  No such condition has been described  by the OP at the time of insurance. Thereafter the complainant requested the OP so many time to pay the claim but to no effect.  Thus, alleging deficiency in service on the part of OP, the complainant has sought following reliefs:- 

i)      OP be directed to pay Rs.18000/-  i.e. Rs.15000/-  as amount of mobile phone and Rs.3000/- for legal notice charges along with interest,

 

ii)     OP be directed to pay to the complainant a sum of Rs.10000/- as compensation   on account of mental agony, harassment,

iii)     OPs be directed to pay Rs.10000/- as litigation expenses.

 

2.             As per record, OP was proceeded exparte on 30.11.2016.

3.             The complainant has tendered documents Ex.C-1 to Ex.C-7 and closed evidence.

4.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the complainant had got insured his mobile set of Vivo company  for an amount of Rs.15000/-  and paid Rs.1199/- as premium for one year i.e. from 27.11.2015 to 26.11.2016. The  screen of the said mobile had broken  due to fallen from the bile on 26.06.2016. Intimation of the same was given  to the OP on 28.06.2016 on toll free number but as alleged by the complainant his claim had been rejected by the OP due to not informed within 24 hours. From the perusal of the reply of the legal notice Ex.C-2 the OP has admitted the  insurance of the mobile set of the complainant. From the perusal of the documents placed on record we find that  no such condition of the insurance is mentioned in the insurance of the mobile phone. Moreover, the OP has not come forward to contest the case of the complainant rather they chosen to remain exparte.  As such the evidence produced by the complainant has gone unrebutted on record.   

5.             For the reasons recorded above, we feel that it is well proved and genuine case of the complainant. Accordingly, we allow the complaint of the complainant and direct the OP  either to replace the mobile set of the complainant with new one or to pay the price amount  i.e. Rs.15000/- to the complainant. We further order the OP to pay to the complainant a sum of Rs.2000/- as compensation on account of mental pain, agony and harassment and litigation expenses.

6.             This order of ours shall be complied with  within 30 days from the receipt of copy of the order.  Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                   Announced

                December 16, 2016

 

 

 

( Sarita Garg)                                   (Sukhpal Singh Gill)                                                                                                                     Member                                                    President

 

 

BBS/-