Advocate Sagar V. Chavan for the Complainant

Opponents exparte

Per Hon’ble Shri. V.P. Utpat, President

                                     JUDGMENT

                                Dated 3^rd June 2014

                This complaint is filed by consumer against Insurance Company for deficiency in service u/s 12 of the Consumer Protection Act, 1986.  Brief facts are as follows-

[1]            Complainant is resident of Wadgaon Bk., Pune 411 054. Opponent No.1 is the Insurance Company.  Opponent No.2 is Warranty and Insurance and Opponent No.3 is the Manager of Mobile Store Shop situated at Shivajinagar, Pune 411 005.  Opponent Nos. 1 and 2 are at New Delhi.  Complainant has purchased Samsung Galaxy Note 2 mobile from the Opponent No.3 on 18/10/2012 for Rs.37,713/-.  On 6/1/2013 at 6 p.m. when complainant was purchasing fruits from road side fruit sellers near Rajaram Bridge on Sinhagad Road, Pune, some unknown persons stole the said mobile from the shirt pocket of the complainant. Immediately, complainant lodged complaint with Haveli Police Station on 6/1/2013.  He also informed this fact to the Opponent No.3 for obtaining insurance claim.  Complainant waited for one month and then contacted Shri. Jayant Das i.e. the contact person of the Opponent No.2. Complainant received e-mail from Shri. Ram Chandar on 18/2/2013 asking certain additional documents so as to enable the Opponent No.1 to reimburse the insurance claim.  Hence, complainant sent application dated 7/3/2013 to the Opponents. Complainant kept constant follow up regarding the said claim amount to the Opponents more particularly Opponent No.2 who is its authorized person. But there was no response from the other side. Hence, complainant has filed present complaint and  claimed insurance claim of Rs.37,713/-. He has also claimed compensation of Rs.20,000/-.

[2]            Opponent Nos. 1 to 3 though duly served remained absent. Hence, complaint is proceeded exparte against them.  Complainant has produced 11 documents along with list and filed affidavit in support of his claim.  He has produced copy of bill, insurance claim form, copy of invoice, certificate issued by Haveli Police Station, copy of FIR, statement of complainant, letter of subrogation, application sent by complainants to the Opponents which was received by the authorized person of Opponent No.2, Xerox copy of cancelled cheque.  It reveals from the copy of claim form that the mobile belonging to the complainant was insured with United India Insurance Co. and Haveli Police Station has also issued certificate regarding the theft.  Complainant had sent letter of subrogation to the Insurance Company and copy of said letter is also produced on record. He has also produced office copy of the letter which was sent to the Opponent Nos.1 to 3. It further reveals from the e-mail sent by the Opponent No.2 that certain additional documents were called upon by the Opponent No.2.  It further reveals from the documents that the complainant had submitted his insurance claim form.  After service of summons all Opponents have remained absent and failed to contest the claim.  Complainant has filed written argument. It appears from record that, the mobile was insured with the Opponent No.1 and Opponent Nos.2 and 3 have no concern with the claim of complainant as they had not given any warranty as regards theft of warranty. Hence, it is the considered opinion of the Forum that Opponent No.1 is liable to pay value of mobile to the complainant. Complainant is also entitled to receive compensation for mental and physical sufferings from the Opponent No.1.

                In the result, this Forum answer the points accordingly and pass following order-

                                        :- ORDER :-

1. Complaint is partly allowed against Opponent No.1 only.
2. It is hereby declared that the Opponent No.1 has caused deficiency in service by not granting insurance claim of the complainant.
3. Opponent No.1 is directed to pay amount of Rs.37,713/- [Rupees Thirty Seven Thousand seven Hundred and Thirteen only] to the complainant within six weeks from the date of receipt of copy of order.
4. Opponent No.1 is directed to pay amount of Rs.5,000/- [Rupees Five Thousand only] for mental and physical sufferings as well as cost of the litigation within six weeks from the date of receipt of copy of order.
5. If the amount is not paid or deposited within the stipulated period it shall carry interest @ 9% p.a. from the date of filing of complaint till its realization.
6. Complaint is dismissed against Opponent Nos. 2 and 3.
7. Complainant is directed to collect the sets which are provided for the Hon’ble Members within one month from the date of order. Else those will be destroyed.

         Copy of order be supplied to both the parties free of cost.