Orissa

Debagarh

CC/42/2017

Sanjib Gang Deb, aged about 42 years, S/O- Prabir Gang Deb - Complainant(s)

Versus

The Branch Manager, The New India Assurance Co. Ltd - Opp.Party(s)

K.B. Meher

23 Jul 2019

ORDER

BEFORE THE COURT OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, DEOGARH.

C.C. Case No- 42 /2017.

Present-  Sri Dipak Kumar Mahapatra, President, Smt. Jayanti Pradhan, Member (W) and Smt. Arati Das, Member.

 

Sanjib Gang Deb, age 42 years,

S/O-Prabir Gang Deb,

At-Pradhanpat Road, Lalusahi,

P.O/P.S/Dist-Deogarh.                       ....Complainant.

                      -Versus-

1. The Branch Manager,

          The New India Assurance Company Limited,

          87,M.G.Road,Fort,Mumbai-400 001.

          

2. The Branch Manager/Proprietor,

          UB Insurance Associates (Apps Daily Claims Division),

          T-305, 216/13 4^th floor, Suraj Tower, 27^th Cross, 3^rd Block,

           Jayanagar, Bangalore- 560011, Karnataka.

3. The Proprietor,

          Ramona Services,

          Samsung Authorized Service Centre,

           Plot No-2273/4102,

          In front of Bhagawati Temple,

          Jayadev Vihar, Bhubaneswar-13, Odisha                 …..O.Ps

 

For the Complainant   : -   Sri K.B. Meher, Advocate, Deogarh

  For the O.P-1         :-    None

For the O.P-2         :-    None

For the O.P-3         :-    None. 

 

    DATE OF HEARING: 18.07.2019, DATE OF ORDER: 23.07.2019.

 

Sri Dipak Kumar Mahapatra, President-Brief facts of the case is that the Complainant has purchased one SAMSUNG mobile handset model-G925izda-Gold (32gb) having IMEI No-359670063911942 from a dealer “Olympus Mobile” at Sambalpur with a payment of Rs.49,900/- vide Invoice no-2459 and got it insured  with the O.P-1 for one year from the date of purchase against all kind of risks of theft, fire, loss ,damage coverage. On dtd 30.09.2016 when the Complainant met with an accident while he was travelling by a motorcycle, dashed by another motorcycle from the back, he   fell down and the LCD (black glass) of the mobile handset got damaged .The Complainant on dtd.01.10.2016 reported the matter to the O.P-1 who directed to lodge a Complaint by filling claim form along with all the relevant documents listed in the Form-C except the original purchase invoice. By the direction of the O.P-1 the Complainant submitted a Repair Quotation and an Estimate from O.P-3 for Rs. 11,739/- by paying Rs.100/- towards service charges. The O.P-1 acknowledged the receipts of all documents through e-mail and warned the Complainant not to proceed with the repair of the handset until he (the Complainant) receives final approval from him (O.P-1).  But the Complainant became aggrieved when the O.P-1 in every 2-3 days ask for some more documents just to linger the process intentionally. The Complainant made several contacts with the O.Ps through E-mail but every time the O.Ps had neglected the Complainant and the claim is not settled without any reason. The O.Ps every time played “HIDE & SEEK GAME” with the Complainant but they did not approve the claim. The Handset is now lying in a damaged/dead condition with the Complainant for the negligence and “Deficiency in Service’ and “Unfair Trade Practice” committed by the O.Ps.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act.1986?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

From the above discussion and materials available on records we inferred that the Complainant is a Consumer as the insurance policy has been taken by the complainant for protection of his property the complainant is a "consumer" and dispute between the parties comes within purview of "consumer dispute". This case comes under Accidental Damage Claim as the said mobile hand set got damaged during motorcycle accident. Accidental Damage means damage to the Insured Product due to unintentional drop or collision of the Insured Product or any object falling on the Insured Product or due to accidental external means. Here the damage is purely natural & unintentional. Though the O.Ps has accepted and admitted the claim of the Complainant after receiving all the relevant and required documents, they assured that the mobile would be repaired within very short period of time. Neither the mobile phone in question was repaired nor is the insured amount paid to the Complainant after a number of visits to the O.P-1 & 2 and finally they sit silently with no heed to the problem of the Complainant. According to the guidelines of Insurance Regulatory and Development Authority (IRDA), the O.P-1 has no right to withhold the insured amount of the Complainant, if he do so then he can do it in illegal ways thus making himself liable for deficiency in service and unfair trade practices. So the act of the O.P-1 & 2 is an act of gross negligence in performing his duties and which has resulted in harassment and mental agony to the Complainant. Hence the O.p-1 & 2 has committed “Deficiency in Service U/S-2(1)(o) and “Unfair Trade Practice” U/S-2(1)(r) according to Consumer Protection Act-1986.The allegations against the O.P-3 are not established hence he is discharged from any liability.

ORDER

The Complaint petition is allowed. The O.P-1 & 2 are jointly and severally directed to replace the damaged mobile handset of the complainant of same cost, model and description and if the same model is not available then refund of the cost of the mobile in question to the tune of Rs 49,900/-to the complainant and the complainant also handover the damaged mobile to the O.P-1, after compliance of the above order. The O,P-1 & 2 are further directed to pay Rs. 10,000/-(Rupees Ten Thousand)as compensation and Rs.2,000/- (Rupees Two Thousand) towards the cost of litigation. All the above direction are to be complied within 30 (Thirty) days from receipt of this order, failing which, the complainant is at liberty to proceed in due process of law.   

Order pronounced in the open court today i.e, on 26^th day of July-2019 under my hand and seal of this Forum.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

I agree,                                          I agree,                

 

MEMBER.(W)                          MEMBER                    PRESIDENT

                                       Dictated and Corrected

                                                   by me.

 

                                              PRESIDENT