Chandigarh

DF-II

CC/819/2016

Rajith - Complainant(s)

Versus

Woodland - Opp.Party(s)

Nikunj Dhawan Adv.

20 Mar 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	793/2016
Date of Institution	:	20.09.2016
Date of Decision	:	21.03.2017

 

                                       

                                               

Rajeev Singla r/o # H.No.3356, Sector 23,  Chandigarh

                                ...  Complainant.

Versus

1.     Anmol Watches & Electronics (P) Ltd., SCO No.1012-13, Sector 22-B, Chandigarh through its Proprietor.

2.     Apps Daily Solutions Pvt. Ltd., D-3137-39, 6^th Floor, C-Wing, Oberoi Garden Estates, Chandivali Farm Road, Andheri (E), Mumbai-400072 through its Authorized Signatory.

3.     M/s New India Assurance Co. Ltd., Bangalore Regional Office, 2-B, Unity Building Annexe, Mission Road, Bangalore-560027 through its Authorized Officer.

4.     UB Insurance Associates (Apps Daily Claims Division),     S 204-205, Suraj Plaza, 196/8, 25^th Cross 8^th Main, Jayanagar 3^rd Block, Bangalore, Karnataka through its Authorized Signatory.

…. Opposite Parties.

BEFORE:    SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by:

Sh.Devinder Kumar, Adv. for the complainant

Sh.Gaurav Gupta, Advocate for OPNo.3.

OPs No.1, 2 and 4 exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.         In nutshell, In brief, the case of the complainant is that he purchased a mobile phone make Samsung S-6 from OP No.1  vide invoice dated 25.07.2015 for Rs.47,200/-, having warranty of one year.   The said mobile was got insured by paying additional amount of Rs.2499/- to OP No.1.  It has further been averred that on 18.01.2016 he was walking and somebody pushed him from back due to which he fell done and the mobile phone got damaged. He immediately informed OP No.2 regarding the same.  He  received an e-mail that the mobile has been declared as total loss and the claim to the tune of Rs.33,630/- was approved and he was asked to fill the necessary forms and send the same to OP No.3 for payment.  Thereafter, he filled the necessary forms for processing the claim.  He also sent the required forms and the mobile phone alongwith the box to OP No.2 but his claim has not been settled despite writing number of e-mails.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.         Despite due service through registered post, the Opposite Parties No.1, 2 and 4 failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 25.10.2016.
3.         In its written statement, OP No.3 has admitted that the mobile phone in question was insured under the Insurance Policy purchased by OP No.2.  It has been pleaded that after the receipt of repair estimate, it was found that the cost of repair of the mobile handset is Rs.23,581/- and the same was not totally damaged and the pre-approval of Rs.33,630/- on total loss basis was given mistakenly and therefore, the maximum liability of the Insurance Company is Rs.23,581/- as per the terms and conditions of the Insurance Policy and also on completion of the requisite claim formalities. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made
4.         We have heard the Counsel for the contesting parties and have gone through the documents on record.
5.         It is apposite to mention here that during the pendency of the complaint i.e. 20.01.2017, the Counsel for the complainant has submitted that  he has received a cheque of Rs.22.403/- from the Counsel for the Insurance Company i.e. OP No.3. At the time of arguments, the Counsel for complainant has submitted that the mobile set is already lying with OP No.4 and in support of this averment, he placed reliance upon Annexure C-9 vide which the complainant delivered the phone to OP No.4.  He has further submitted that now the claim is for the remaining amount, cost of harassment and litigation expenses.  
6.         On behalf of the Insurance Company, it has been argued that after the receipt of repair estimate/quotation dated 30.01.2016 (Annexure OP-3/B), it was found that the cost of repair of the mobile handset is Rs.23,581/- and the same was not totally damaged and the pre-approval of Rs.33,630/- on total loss basis was given mistakenly and therefore, the maximum liability of the Insurance Company is Rs.23,581/- as per the terms and conditions of the Insurance Policy, subject to completion of the requisite claim formalities.
7.          It is apt to mention here that the performa estimate/quotation is dated 30.01.2016 vide which the estimate of the cost of the parts of the mobile in question was assessed to be Rs.23,581/- including service tax and labour charges. However, it will not be out of place to mention here that OP No.4 i.e. UB  Insurance Associates after going through the documents submitted in respect of the captioned mobile handset damage had informed the complainant vide e-mail dated 03.02.2016 i.e. after the estimate/quotation dated 30.01.2016 that the Insurance Company approved the claim to the tune of Rs.33,630/- on total loss basis.  In the said e-mail (Annexure c-3), the complainant was specifically directed not to get repaired the mobile handset. The relevant part of the said e-mail reads as under:

        “Based on the scanned documents submitted in respect of captioned mobile handset damage, Insurance Company has processed the claim on total loss basis. Assessed claim amount works out to Rs.33630/- to be finalized by the insurance company subject to submission of all original documents and damaged equipment including full box with accessories to our office at the following address:

                UB Insurance Associates

                c/o Apps Daily Solutions Pvt. Ltd.

                6^th Floor, C-Wind OBeroi Garden estate,

Chandivali Farm Road, Andheri (E)

Mumbai-400072, India.

Claim assessment details are   as follows:-

Insured Value           =47,200/-

Depreciate              =11,800/-

Policy excess            =1770/-

                                …………….

Net Assessed loss     =33630/-

……………..

You are requested to submit all original documents and damaged equipment at the earliest.

Please note claim has been approved on “Total loss basis”. Please do not repair handset”.

                Thus, the plea of the Insurance company that the pre-approval of Rs.33,630/- on total loss basis was given advertently by OP No.4 is not sustainable and the same is rejected accordingly and the complainant is held entitled to the remaining amount of Rs.11,227/- (Rs.33,630/-  minus Rs.22,403/-, already received by the complainant).  Besides this, we are of the considered view that the ends of justice would be met if the complainant is awarded a sum of Rs.2500/- on account of compensation for mental agony and physical harassment and Rs.5000/- as costs of litigation.  We order accordingly.

8.         For the reasons recoded above, the complaint is allowed with a direction to OPs No.2 and 3 to release the remaining claim amount of Rs.11,227/- as mentioned above to the complainant. They shall also pay a sum of Rs.2,500/- to the complainant on account of compensation for mental agony and physical harassment and Rs.5,000/- as costs of litigation.  This order be complied with by OPs No.2 & 3 within 45 days from the date of receipt of its certified copy, failing which the awarded amounts shall carry interest @9% per annum from the date of this order till its realization besides litigation expenses.
9.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced                                                                      sd/-

21/03/2017                                                      (RAJAN DEWAN)

PRESIDENT

Sd/-

(PRITI MALHOTRA)

MEMBER

Sd/-

(RAVINDER SINGH)

MEMBER