Haryana

Fatehabad

CC/251/2015

Yogesh Kumar - Complainant(s)

Versus

Top Shop Authorised Company - Opp.Party(s)

In person

29 Jan 2016

ORDER

BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL FORUM; FATEHABAD.

Complaint No.251 of 2015.

Date of Instt.:23.10.2015.

Date of Decision: 29.01.2016.

Yogesh Kumar son of Sh. Ashok Kumar, resident of House No.218-A, Lajpat Nagar, Fatehabad, Tehsil and District Fatehabad.

 

..Complainant

     Versus

 

1. Top Shop, Authorized Company Showroom, near Guru Nanak Kitab Ghar, Palika Bazar, Fatehabad Tehsil & District Fatehabad through its proprietor Yogesh Kumar.

 

2. Samsung India Electronics Private Limited, B-1, Sector-81, Phase-2, Noida, District Gautam Budh Nagar (Uttar Pradesh) through its Managing Director.

 

3. Syska Gadget Secure, 4^th Floor, Saphire Plaza, Plot No.80, Serial No.232, New Airport road, near Symbyosis College, Sakor Nagar, Viman Nagar, Pune-411014 (Maharashtra) through its Regional Manager.

 

..Opposite Parties.

Before:        Smt.Pushpa Mehta, Presiding Member.

                   Sh.R.S.Panghal, Member.      

Present:       Complainant in person.

                   Opposite parties No.1 & 3 already exparte.

                   Opposite party No.2 given up.

 

ORDER

                   The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the opposite parties with the averments that he had purchased a mobile/Handset of Samsung company Model Grand Prime-H530 bearing IMEI No.356554106169192114, 356555106169192111 from opposite party no.1 vide bill No.6192 dated 4.5.2015.  At the time of purchase of above said mobile, opposite party no.1 given a coupon bearing No.83418629 of opposite party no.3 to him and charged Rs.900/- besides the price of the mobile in question and stated that after starting internet in the mobile, he will have to download the application “Syska Gadget Secure” and on filling up above said coupon number in the said application, his mobile will be insured. The complainant did accordingly and his mobile was insured through online Insurance vide Serial Code No. SJI-809-99167121. It is further averred that on 28.8.2015 his mobile was stolen at Hisar Railway station, upon which he moved an application to the SHO, G.R.P. Hisar and in this regard, FIR No.106 dated 28.8.2015, under Section 379 IPC was registered in the Police Station Hisar.  Then the complainant visited the opposite party no.1 alongwith copy of FIR and asked him to settle the claim of his mobile upon which he asked him to come after two days. However, after two days he asked him to contact with opposite party no.3 but despite contacts with opposite party no.3 for several times, his claim was not given. Thereafter, on 5.10.2015 he again visited opposite party no.1 and demanded his claim amount but he became aggressive and stated that these types of schemes are launched by the company by making false assurances and the insurance companies in collusion with mobile companies only insure the mobiles but do not give any claim. The opposite party no.1 also misbehaved with him and stated that he will not be given any claim. Thereafter, the complainant contacted with the opposite party no.2 who stated that claim amount will be got delivered to him but thereafter, op no.2 also refused for the same. There is great deficiency in service on the part of the opposite parties. Hence, this complaint.  

2.                Opposite party No.1 did not appear despite personal service and opposite party no.3 did not appear despite service through registered letter and therefore, they were proceeded against exparte.

3.                Upon notice, opposite party no.2 appeared through counsel and filed reply to the effect that complaint against it is not maintainable as the company has no liabilities in case of physical damage or theft of mobile. In view of the said reply of opposite party no.2, complainant gave up opposite party no.2 being unnecessary party.

4.                The complainant in his evidence has tendered his affidavit as Annexure C1 and documents as Annexures C2 to C4 and thereafter closed his evidence.

5.                We have heard complainant and have gone through the case file carefully.

6.                It is established on case file that complainant purchased the mobile in question from opposite party no.1 vide invoice No.6192 on 4.5.2015 as is evident through bill Annexure C4. According to the complainant, the amount of Rs.11900/- mentioned in the bill also includes the premium amount of Rs.900/- for insurance of the mobile in question which was charged by the opposite party no.1 for insuring the mobile in question with opposite party no.3 through online insurance besides the price of mobile in question i.e.Rs.11,000/-. The complainant has placed on file his affidavit as Annexure C1 wherein he has testified all the facts so set out by him in his complaint. According to the complainant, his mobile was stolen at Hisar Railway station on 28.8.2015 and in this regard FIR No.106 dated 28.8.2015 was registered in Police Station Hisar, copy of which has been placed on file as Annexure C3. The document of the opposite party no.3 placed on file as Annexure C2 clearly shows that mobile in question was insured with opposite party no.3. The complainant has also placed on file a document of opposite party no.3 i.e. scheme for insuring devices wherein it is mentioned that opposite party no.3 provides one year protection of the device and charges Rs.899/- for Gadzets having value between Rs.10,000/- to Rs.15,000/-.  The opposite parties No.1 and 3 have not refuted the allegations of the complainant, rather they have opted to be proceeded exparte. So, we have no other option but to believe the version of the complainant that the mobile in question was got insured with opposite party no.3 by opposite party No.1 by charging an amount of Rs.900/- besides the price of the mobile in question. The complainant contacted opposite party no.3 several times after theft of mobile for giving claim amount and also submitted relevant documents but he has not been given any claim. He got insured his mobile for covering risk of theft and physical damage to the same by paying Rs.900/-, therefore, the insurance company i.e. opposite party no.3 was liable to pay the claim amount to the complainant of the mobile which has been stolen on 28.8.2015. The opposite party No.3 is, therefore, deficient in service and has also adopted unfair trade practice.

7.                Thus, as a sequel to our above discussion, we allow the present complaint qua opposite party no.3 and direct it to pay a sum of Rs.11,000/- i.e. insured amount of the mobile in question to the complainant. We also direct the opposite party No.3 to pay a sum of Rs.2000/- in lump sum as compensation to the complainant for harassment etc. This order should be complied within a period of 30 days from the receipt of this order, failing which the above said amount of Rs.11,000/- will carry interest @9% from the date of order till actual realization.  Copy of this order be supplied to the parties free of cost. File be consigned after due compliance.

 

Announced in open Forum.

Dated:29.01.2016.

                                                                   (Pushpa Mehta)

                                                                   Presiding Member,

(Ranbir Singh Panghal)                       Distt.Consumer Disputes

      Member,                                                 Redressal Forum, Fatehabad.

 

   

   

 

 

 

 

Present:       Complainant in person.

                   Opposite parties No.1 & 3 already exparte.

                   Opposite party No.2 given up.

 

                   Order announced. Vide our separate detailed order of even date, the present complaint qua op no.3 is allowed. File be consigned to the record room after due compliance.

Dt.29.1.2016.                                                       Presiding Member,

                                                                             DCDRF, Fatehabad.

                  

                                      Member