DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No.4 of 3.1.2017
Decided on: 15.02.2017
Paramjit Singh aged 30 years S/o Davinder Singh, resident of # 43, Guru Nanak Nagar, Patiala.
…………...Complainant
Versus
1. The New India Assurance Company Limited, Branch Office : #7, Chhoti Baradari, Patiala through its MD.
2. YMS Mobitech Pvt. Ltd. Office at 123, Block-A, Corenthum Towers, Sector 62 Noida through its MD
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Arun Bansal, Advocate, counsel for the complainant.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh. Paramjit Singh has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) praying for the following reliefs:-
- To pay the insured amount of the mobile phone to the tune of Rs.10,000/-
- To pay compensation to the tune of Rs.50,000/- for causing mental agony and harassment
2. In brief, the case of the complainant is that he purchased a mobile phone make Vivo Y-51L WHT bearing IMEI No.861750032696997 from Mahavir Electronics, Near Big Bazar, Sirhind Road, Patiala vide invoice No. 79913 dated 23.9.2016 for an amount of Rs.10,000/-. He got the mobile phone insured with the O.P. company through “Apps You Need” after paying premium amount of Rs.599/- vide policy No.95000046161100000001. The OP assured that the mobile phone was totally secured, in case of any theft/burglary, damage, total loss etc. It is averred that on 4.11.2016, at about 8.00 AM, when he was going on his scooter, a car driver hit the scooter from behind as a result of which his mobile phone fell down on the ground due to which the same was damaged. He immediately went to the office of the OP and informed about the matter. OP No.2 got filled a claim form vide claim No.D35201834414 and it was assured that the claim amount would be disbursed to him within few days. In that regard he also received e-mails from OP company through Apps You Need. But on the same date i.e. 4.11.2016 itself the OP without going through the facts of the case, refused his claim by holding that “the claim cannot be disbursed due to mismatch of invoice number”. He also got served a legal notice dated 15.12.2016 upon the OP which was duly received by it but no heed was paid by the OP. There is thus, deficiency in service on the part of the O.P. as a result of which he has suffered a great mental agony, tension, harassment, inconvenience and humiliation.
3. We have heard the ld. Counsel for the complainant at the preliminary stage and have also gone through the record of the case, carefully.
4. The grievance of the complainant is that the mobile set make Vivo bearing IMEI No. 861750032696997, which he purchased from Mahavir Electronics, Patiala, vide invoice No.79913 dated 23.9.2016, for a sum of Rs.10,000/-, got insured with New India Assurance Co. Ltd. through “Apps You Need” by paying an amount of Rs.599/- vide policy No. 95000046161100000001.The said mobile set damaged during the validity period the insurance. Accordingly he lodged the claim with OP no.1 but it refused to pay the claim amount on the ground that the claim amount cannot be disbursed due to mismatch of invoice number.
5. From the copy of bill dated 23.9.2016, Annexure 1, it is evident that the complainant purchased the mobile set in question from Mahavir Electronics, Patiala, wherein invoice number is mentioned as 79913. From the perusal of copy of e-mail dated 12.12.2016, Annexure-2, it is evident that the complainant got the mobile set in question insured through “Apps You Need”, and the details of the insured and the mobile set in question were mentioned on it. On comparison of the details mentioned in the said e-mail annexure -2, and that of the details mentioned in the bill, annexue-1, it is apparent that name of the purchaser, make of the mobile set, date and IMEI number of the mobile set are same except the invoice number. In the bill, the invoice number has been mentioned as 79913, whereas in the e-mail, the invoice number has been mentioned as 7913, which shows that while writing down the invoice number “Apps You Need’ inadvertently missed to write 9 . Once the mistake has been committed by the “Apps You Need’ then it has to be stands corrected by it only. However, the complainant has not arrayed “Apps You Need’ which is a necessary party in the array of the opposite parties. In the absence of necessary party having not been impleaded, it will be futile exercise to entertain the complaint in the present form. Accordingly, we dismiss the present complaint in limine. However, the complainant is at liberty to file a fresh complaint by impleading the necessary party in the array of the opposite parties as per law. Certified copy of the order be sent to the complainant free of cost under the rules. Thereafter, file be indexed and consigned to the record room.
Dated: 15.02.2017
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
