Delhi

East Delhi

CC/913/2014

SUBHASH - Complainant(s)

Versus

T.C.SALUJA SOLUTION - Opp.Party(s)

26 May 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 913/14

 

Shri Subhash Kainth

349-A, Ram Nagar

Krishna Nagar, Delhi – 110 051                                                 ….Complainant

 

Vs.

 

TC Saluja Solutions Pvt. Ltd. (Mobicare).

705, 7^th floor, 95 Vishal Bhawan

Nehru Place, New Delhi – 110 019

 

Bhagwati Communication

6/16, Geeta Colony, Delhi – 110 031                                       ….Opponents

 

 

Date of Institution: 20.10.2014

Judgment Reserved for : 26.05.2016

Judgment Passed on : 01.06.2016

 

Order By : Shri Sukhdev Singh (President)

 

JUDGEMENT

 

The complainant Shri Subhash Kainth has filed a complaint against M/s TC Saluja Solutions Pvt. Ltd. (Mobicare) and M/s Bhagwati Communication praying for payment of assured sum of Rs. 5,700/- along with compensation of Rs. 80,000/- on account of harassment and false commitment.

2.        The facts in brief are that the complainant bought a MOBICARE mobile INSURANCE POLICY from M/s Bhagwati Communication for his Micromax A-093 handset on 08.08.2014.  At that time, he was told that his mobile was fully insured against accidental damage, theft, mechanical and electrical faults.  On 13.08.2014, his mobile was stolen by one youngster, when he was in the market for shopping.  He called the police for assistance.  On the next day, when he went to the insurance company for claim, a representative of the insurance company asked him to furnish the documents such as (i) Police FIR copy under Sec. 379 IPC, (ii) SIM blocking letter from Vodafone, (iii) Insurance cash invoice and (iv) Mobile Bill.  He was told that his claim will be settled within 15 days.  He contacted the insurance company and finally on 22.09.2014, they refused his claim without any reason.  Thus, he has claimed an amount of Rs. 5,700/-, the assured amount and compensation for an amount of Rs. 80,000/- on account of harassment and false commitment.

3.        Notice of the complaint was given to the OPs, but they did not put the appearance in spite of service.  Hence, they have been proceeded  ex-parte.

4.        In support of his case, the complainant has examined himself on affidavit.  He has narrated the facts, which have been stated in the complaint.

5.        We have heard the complainant in person and have perused the material placed on record.  From the affidavit and the documents such as bill, Mobicare customer copy and police report, it is evident that the complainant has purchased Micromax A-093 handset for an amount of Rs. 5,700/- from M/s Bhagwati Communication and got it insured by paying an amount of Rs. 570/- for two years being 10% of the invoice value.  The validity period of the insurance policy has been from 08.08.14 to 07.08.16.  From police report, it is noticed that he made a complaint on 13.08.2014 in respect of theft of his mobile.  From the customer copy of Mobicare, issued by M/s Bhagwati Communication, it is evident that the insurance was for theft also.  The fact that mobile of the complainant has been lost which was insured one and he has made a complaint to the police station certainly the company was liable to pay for the claim.  Since the mobile has been insured at the time of purchase by M/s TC Saluja Solutions Pvt. Ltd. (Mobicare), they are liable to pay the insured amount.  Thus, the complainant is entitled for the insured amount of Rs. 5,700/-.  He is further entitled to compensation on account of harassment as his mobile being insured and the company having rejected his claim without any reason.  Thus, an amount of Rs. 10,000/- is awarded towards compensation on account of harassment. 

6.        In view of the above, we direct the respondent M/s. TC Saluja Solutions Pvt. Ltd. (Mobicare) to pay a total amount of Rs. 15,700/- (the insured amount of Rs. 5,700/-, and Rs. 10,000/- towards compensation) to the complainant.

Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                                  (HARPREET KAUR CHARYA)

Member                                                                                Member                 

 

 

(SUKHDEV SINGH)

President