DATE OF DISPOSAL: 11.01.2021
Dr. Aswini Kumar Mohapatra,President:
The factual matrix of the case is that the complainant has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Party (in short the O.P.) and for redressal of his grievance before this Forum.
2. Briefly stated the case of the complainant is that he purchased a smart phone of OPPO product vide Model No. Oppo-FIS, corresponding to IMEI No.863795030337274, Charger No.J61634534385, under the Tax/Retail Invoice No.7 dated 22.12.2016 and TIN No. 21444902846 for the sale price of Rs.19,200/- . At the time of purchase as per the condition the selling agent has issued a Master Policy vide No.95000046161100000001 for insurance gadget for insurance coverage of product out of theft and any loss or damage within the coverage period of the product from the authorized agent M/s Sainath Mobile World, Sri Sai Complex (Room No. 13 & 14), Gandhinagar, Berhampur. Opp. Party has issued the Master policy to the complainant and the same shall be activated within 10 days of purchase of the Insurance Gadget. So the complainant insured the product through Master Policy under the O.P. While the matter stood thus on the unfortunate day of 28.07.2017 at about 8P.M. the said smart phone has stolen by some miscreants of Komapalli Market square and out of best effort the complainant failed to trace out the same on his attempt. So finding no alternative the complainant lodged a written report before the local police station about such incident on the next day i.e. on 29.07.2017 the local police entered the case in B.N.Pur PS Mobile Missing Register Entry No.331 dt.29.07.2017. As there is no response from the O.P, the complainant has issued a reminder along with the copy of the written FIR along with the copy of invoice on 07.08.2017 for early disposal of the insured amount of the Oppo product. But the O.P. without any compliance remained silent for months together and paid a deaf ear to the said intimation of theft. After due acknowledgement of the reminder dated 07.08.2017 and due to willful default of the O.P. in discharges of their service the complainant compelled to issue a legal notice demanding the insured amount of the Oppo product FIS under master policy though his advocate on 14.05.2018. After receipt of the notice the O.P. did not choose to give any reply or discharge their duty to the consumer. It is clearly presumes that the O.P. admitting their default and defaulted in due discharge of their service. So in due deficiency in service by the O.P. the complainant is put to irreparable loss and injury and deprived of getting the status of a beneficiary under the master policy. Further due to the negligent and fraud play by the O.P. for such deficiency of service the complainant is put into unnecessary litigation and mental agony. Alleging deficiency in service on the part of the O.P the complainant prayed to direct the O.P. to pay the insured amount of the product of Rs.19,200/-, compensation of Rs.10,000/- towards financial loss, mental agony and Rs.10,000/- towards litigation cost in the best interest of justice.
3. Notice was issued to the Opposite Party. But the O.P did not appear and file his written version on the date fixed as such the O.P.is set exparte on 16.01.2019.
4. On the date of exparte hearing of the case, the learned counsel for the complainant was absent. We perused the case record as well as the materials placed on it and disposed the case on merit. It reveals that the complainant purchased OPPO-FIS mobile vide invoice No.7 dated 22.12.2016 for payment of Rs.19,200/- and the same was stolen by some miscreants at Komapalli Market square on dated 28.07.2017. The complainant lodged a written report on the next day i.e. on 29.07.2017 in B.N.Pur police station vide mobile missing Register Entry No. 331 dated 29.07.2017. The said product had been insured under the New India Assurance Company Ltd for insurance Gadget for insurance coverage of product out of theft and any loss or damages within the coverage period. The Master policy vide No.95000046161100000001had been issued by the selling Authorized agent as per conditions of selling while purchasing the product. The product was lost within the insurance coverage period and that also intimated to police as well as to the O.P. through text message immediately for his insurance claim. But till date the O.P. neither compensated his loss as per the terms and conditions of the Insurance nor responded his claim as such violated the terms and conditions of the insurance amounts to deficiency in service and unfair trade practice. As such it would be just and proper if the complainant be returned back the purchasing price from the O.P.
5. On foregoing discussion and clear position of law it is held by the Hon’ble Supreme Court of India in Oriental Insurance Company Ltd. Versus M/s Ozma Shipping Company and another 2013(1) CPR 604 such as:- “Insurance company should not hesitate to pay the amount which is legitimately due to complainant”. In view of the aforesaid legal position of law the case is allowed.
6. In the result, the complainant’s case is allowed on exparte against the O.P. The Opposite Party is directed to refund the insured amount of the Oppo Product of Rs.19,200/- and Rs.2000/- as compensation for mental agony along with Rs.1000/- as cost of litigation to the complainant within 45 days from the dates of receipt of this order, failing which all the dues shall be realized at the rate of 12% interest per annum. The case of the complainant is disposed of accordingly.
The order is pronounced on this day of 11th January 2021 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
