STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

                                                                                                                                                                     First Appeal No.64 of 2022

Date of Institution: 10.02.2022

                                                                                                                                                                         Date of Decision: 04.03.2022

Go Digit General Insurance Limited, through its Authorized Representative, Smartworks Business Center, 1 to 6 Floors, Ananta One (AR One), Pride Hotel Lane, Narveer TanjiWadi, City Survey No.1579, Shivaji Nagar, Pune, Maharashtra-411005.

….Appellant

Versus

1.      Mr. Yadvinder Rana S/o Shri Gulab Singh, R/o House No.691, Sector-8, Urban Estate, Karnal, Haryana.

2.      R.S. Communication through its Prop/Partner/Concern Person, Shop No.490, Old Char Chaman, Karnal.

3.      Deep Associates, through its Manager/Concern Person, Shop No.20, 21, 22 ASA Ram Market, Model Town, Karnal, Contact No.9034272309 (Service Center).

4.      Samsung India Electronics Pvt. Ltd., through its Manager/Concern Official, 20^th to 24^th Floor, Two Horizon Center, Golf Course Road, Sector-43, DLF PH-V, Gurugram, Haryana-122202.

                                                   ……Respondents

CORAM:    Mr.A S Narang, Judicial Member.

                   Mr. Suresh Chander Kaushik, Member.

Present:-    Mr. Sandeep Singh Josan, counsel for the appellant.

                                      O R D E R

A.S. NARANG, JUDICIAL MEMBER:

                   (The matter has been heard through virtual hearing).

                   Go Digit General Insurance Limited (Appellant) has filed this appeal against the order dated 08.12.2021, whereby the District Consumer Disputes Redressal Commission, Karnal (DCDRC) has allowed the complaint filed by the complainant (Yadvinder Rana).

2.                Complainant had filed the complaint before the DCDRC with the averments that he had purchased a Samsung Mobile Phone from R.S Communication (Respondent No.2) vide Bill Tax Invoice No.INV5752 on 18.05.2019 for a sum of Rs.19,990/-. It was insured by the appellant vide policy No.D002591719, effective from 23.05.2019 to 22.05.2020. In the month of September, 2019 some technical defect occurred in the said mobile and display became totally blank. Complainant immediately contacted R.S. Communication, who advised him to contact Deep Associates (Respondent No.3). Complainant contacted Deep Associates, who issued a job card dated 13.09.2019 and charged Rs.177/- from him and assured that there would not any problem in the mobile. Thereafter, complainant contacted the appellant, who assured to replace the said mobile. However, the appellant postponed the matter.

3.                The DCDRC issued notice to the parties. Deep Associates and Digit Insurance Service (Appellant) did not appear before the DCDRC and were proceeded ex-parte.

4.                After hearing counsel for the parties and perusing the evidence of record, the DCDRC allowed the complaint vide impugned order dated 08.12.2021 and and directed the appellant to pay Rs.19,990/- as cost of the mobile set in question to the complainant and to pay Rs.4,000/- on account of mental agony and harassment.

5.                Aggrieved by the order passed by the DCDRC appellant has filed this appeal.

6.                We have heard Mr. Sandeep Singh Josan, counsel for the appellant.

7.                Assailing the impugned order, Mr. Josan has submitted that on account of Covid-19, appellant could not appear before the DCDRC. However, we are of the considered view that there is no force in the contentions of the counsel for the appellant. In case, the appellant had been proceeded ex-parte on one date of hearing by the DCDRC, he could join the proceedings on the next date of hearing. There is no merit in the present appeal and the same is hereby dismissed. File be consigned to the records.

8.                Statutory amount of Rs.11,995/- deposited by the appellant at the time of filing the present appeal be disbursed to the respondent-complainant  as per rules, against proper receipt and identification after the expiry of the period of filing of appeal/revision, if any. However, before disbursing the sum of Rs.11,995/- to the respondent-complainant, the Registrar of this Commission would ensure that the complainant has not received the decreetal amount from the appellant. The DCDRC would adjust the sum of Rs.11,995/- disbursed to the complainant at the time of execution of the order dated 08.12.2021,  passed by DCDRC, Karnal.

Pronounced in open court.

                                                Suresh Chander Kaushik                A S Narang

March 04^th, 2022                    Member                                              Judicial Member

                                      Addl. Bench                                       Addl. Bench

R.K