Punjab

Patiala

CC/17/38

Taifa - Complainant(s)

Versus

The New India Assurance Co. - Opp.Party(s)

Sh Labh Singh Sandhu

31 Mar 2023

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                     

Consumer Complaint No.	:	CC/ 38/2017
Date of Institution	:	6.2.2017
Date of Decision	:	31.3.2023

 

Taifa aged about 45 years wife of Sh.Taslim, resident of 1521, Type-2,DMW, Patiala.

                                                                   …………...Complainant

                                      Versus

1. The New India Assurance Company Limited, Large Corporate & Broker Officer (950000), 2^nd Floor, 4, Managoe Lane, Kolkata-700001 through its Authorized Signatory.
2. The New India Assurance Company Limited, 1^st address: Chhoti Baradari, Patiala.   2^nd Address: Leela Bhawan, Patiala through its Branch Manager/Authorized signatory.
3. Shivam Electronics & Computer Shoppe, SCO-35, Kissan Makret, Sirhind Road, Patiala.                                              …………Opposite Parties

Complaint under the Consumer Protection Act

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

PRESENT:                   Sh.L.S.Sandhu, counsel for complainant.

                             Sh.D.P.S.Anand, counsel for OPs no.1&2.

                             Opposite Party No.3 ex-parte.

                                     

 ORDER                                          

1. The instant complaint is filed by Taifa W/o Taslim   (hereinafter referred to as the complainant) against The New India Assurance Company Limited and others (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. The averments of the complainant are as follows:

That she purchased a mobile phone Oppo Model No.FIS, Colour Grey, having IMEI No.861171036544655, for a sum of Rs.18000/- on 22.9.2016 from OP No.3. Ms. Jaiba daughter of complainant was using the said mobile phone. On 8.12.2016 said mobile phone was stolen from her bag. Matter was immediately reported to the police vide FIR No.SR000581 dated 8.12.2016.

It is averred that the mobile in question was insured with OPs No.1&2 bearing master policy No.95000046161100000001 dated 22.9.2016.Complainant requested OPs for insurance claim. She also wrote letters to OPs in this regard, but no insurance claim was paid by OPs, which amounts to deficiency in service on the part of OPs and also caused mental agony and harassment to the complainant. Consequently, prayer has been made for acceptance of complaint.

3. Notice of the complaint was issued to the OPs. OPs No.1&2 appeared through counsel and filed written statement whereas none appeared on behalf of OP No.3 despite service and was accordingly proceeded against ex-parte.
4. Complainant through counsel has tendered her affidavit, Ex.CA, bil, Ex.C1, copy of FIR, Ex.C2, insurance letter, Ex.C3, written request, Ex.C4, postal receipts, Exs.C5&C6, legal notice, Ex.C7, postal receipts, Exs.C8 to C10, copy of delivery report of India Post, Exs.C11 to C14 and closed evidence.
5. On the other hand, ld. counsel for OPs No.1&2 has tendered in evidence Ex.OPA, affidavit of Sh.Gobinder Pal Singh Walia, Divisional Manager and closed evidence.
6. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
7. The complainant had purchased  mobile phone  from OP No.3 for a consideration of Rs.18,000/- vide invoice, Ex.C1.The complainant has alleged that the said phone was being used by his daughter and was stolen on 8.12.2016, for which FIR ,Ex.C2 was lodged. The complainant has alleged that the said mobile was insured with OPs No.1&2 against Master Policy No. 95000046161100000001 dated 22.9.2016, procured through Apps You Need, for a consideration of Rs.1499/-, which is Ex.C3.Complainant made request to OPs No.1&2 for the settlement of the claim through request dated 4.1.2017, Ex.C4.Postal receipts for the same are Exs.C5&C6.Complainant also served legal notice Ex.C7, upon the OPs. However, no fruitful purpose was served.
8. OPs No.1&2 have denied all the allegations made by the complainants, in their written statement and also in the affidavit, Ex.OPA of Sh.Govinderpal Singh Walia, Divisional Manager, of OPs and have argued that no claim was ever lodged by the complainant with them. They further argued that no such payment of Rs.1499/- as alleged to have been made through Apps India, has been received by them and no such master policy has been issued covering the mobile set of the complainant.
9. Complainant has failed to produce on record any evidence regarding payment of Rs.1499/- having been made to OPs No.1&2 for securing his mobile phone. In fact payment of Rs.1499/- alleged to have been made by the complainant, has been made to Apps India who has not been impleaded as party by the complainant to prove his case. Therefore, the document, Ex.C3 tendered by the complainant cannot take place of proof. Complainant has also failed to produce on record any bank statement/online transaction receipt in respect of Rs.1499/- alleged to have been made by her for securing the insurance of the hand set through OPs No.1&2. Also complainant has failed to produce on record any policy having been issued by OPs No.1&2.
10. In view of our above discussion, we are of the opinion that there is no merit in the complaint and the same is hereby dismissed with no order as to costs.      
11.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President