Date of filing : 19-06-2013
Date of order : 22-10-2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC155/2013
Dated this, the 22nd day of October 2013
PRESENT
SMT.P.RAMADEVI : PRESIDENT
SMT. K.G.BEENA : MEMBER
Anoop.K.V. S/o.K.V.Chandran : Complainant
Kizhakke Veedu, Thimiri.Po. 671313
Kasaragod.Dt.
(In Person)
1. Univercell Telecommunications India Pvt.Ltd : Opposite parties
Univercel,, Railway Station Road, Aluva.683101
Kerala.
2.Mobile Insurance Claim Department,
Alegion Insurance Banking Pvt.Ltd, No.7C,
Perumal Koil Street, Nerkundram.Chennai.600107
O R D E R
SMT.P.RAMADEVEI, PRESIDENT
The facts of the complaint in brief are as follows:
That the complainant is doing his B.tech degree at Aluva and he purchased a SAMSUNG SDVOS (IMEI No.354905053427524) Mobile phone with one year theft insurance guarantee from 1st opposite party. The mobile phone is insured with the second opposite party. The complainant was using the mobile phone at his residence at Kasaragod. On 2-4-2013 he lost his mobile phone from North Railway Station, Ernakulam by theft. The complainant informed the theft immediately to the 1st opposite party and as per his instruction immediately complaint is lodged before the Railway Police and obtained the acknowledgement and also filed application for SIM deactivation and SIM replacement and the copies of the above documents were produced before the 1st opposite party. The 1st opposite party informed that the mobile was insured with Serial No.126694 and also told that within 45 days the claim will be sanctioned. Then again the complainant approached the 1st opposite party next week and at that time the 1st opposite party asked to produce the original of the above mentioned documents. The complainant had produced the original documents before the 1st opposite party. Then the complainant contacted the 1st opposite party after 45 days and the 1st opposite party told him to wait for another period of one month. Then after one month the 1st opposite party told the complainant that the claim was rejected and asked the complainant to file another complaint before the Police regarding theft of his mobile phone and also obtain duplicate SIM card. The complainant is not aware what is the reason for repudiation of his claim. It is not properly intimated to him. Hence this complaint is filed for necessary relief alleging deficiency against opposite parties.
2. After admitting the complainant the Forum issued proper notice to parties. Notice to 1st opposite party returned unserved with an endorsement “unclaimed”. Notice to 2nd opposite party duly served on 22-07-2013 and Adv. Sadananda Kamath undertakes to appear for 2nd opposite party. But after the consecutive two postings neither Vakalat nor version filed. Hence complainant is examined as PW1 and Exts A1 to A5 marked. Name of opposite parties called absent and set exparte.
3. After going through the facts of the case the following issues raised for consideration.
1. Whether there is any deficiency in service on the part of opposite parties or not?
2. If so what is the relief as costs and compensation?
4. Here the complainant produced Exts A1 to A5 documents. Ext. A1 is the tax invoice, Ext.A2 is the copy of acknowledgment of receipt of petition issued by Railway Police, Ernakulam. Ext.A3 is the copy of application form for replacement of SIM. Exts A4 and A5 are the claim forms.
5. On going through the entire facts on record and on perusal of the documents we are of the opinion that the opposite parties are failed to give proper services to its customers. The opposite parties even failed to inform the ground of repudiation to the complainant. As per the records and on oral evidence adduced by the complainant it is clear that he had produced relevant documents required for getting the claim. But the opposite parties neither sanctioned his claim nor intimated the reason for repudiation to the complainant. Moreover the complaint is a student. There is no contra evidence on the side of opposite parties. Hence it is a clear case of deficiency in service on the side of opposite parties.
Therefore the complaint is allowed and the opposite parties are jointly and severally directed to pay Rs.13,600/- being the claim amount and further directed to pay Rs.10,000/- as compensation for mental agony and sufferings and also pay Rs.3000/- towards cost of the proceedings to the complainant. Time for compliance is 30 days from the date of receipt of copy of the order. Failing which Rs.13,600/- will fetch an interest @ 10% per annum from the date of complaint till payment.
Sd/- Sd/-
MEMBER PRESIDENT
Exts.
A1. Tax invoice.
A2. Petition receipt.
A3. Copy of application form for replacement of SIM
A4 & A5 Claim forms.
PW1.Anoop.K.V.
Sd/- Sd/-
MEMBER PRESIDENT
PJ Forwarded by Order
SENIOR SUPERINTENDENT
