Chandigarh

DF-II

CC/269/2017

Pallavi Sharma - Complainant(s)

Versus

Unicorn Infosolutions Pvt. Ltd., - Opp.Party(s)

B R Madan Adv.

01 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	269 of 2017
Date  of  Institution	:	20.03.2017
Date   of   Decision	:	01.02.2018

 

 

 

 

Pallavi Sharma, Resident of 919, Sector 4, Panchkula.     

             …..Complainant

Versus

1]  Unicorn Infosolutions Pvt. Ltd., SCO No.315-316, Ground Flood, Sector 35-B, Chandigarh, through its authorised signatory/Manager

2]  Gizmohelp, Corporate Office, 76-B, Udyog Vihar, Phase-IV, Gurgaon `122001, through its MD

                          ….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

         MRS.PRITI MALHOTRA        MEMBER

                                SH.RAVINDER SINGH         MEMBER 

 

Argued by: Sh.B.R.Madan, Adv. for the complainant.

 Sh.Para Mehra, Manager of OP No.1

 Opposite Party No.2 exparte.

 

 

PER RAVINDER SINGH, MEMBER

 

 

         The facts in issue are that the complainant purchased Apple iPhone 6 64 GB Gold  IMEI No.352090071194174 on 5.11.2015 from Croma, Chandigarh on payment of Rs.55,000/- and also got it insured by paying premium of Rs.2499/- to Gizmo Secure Ultimate (Ann.C-1).  It is averred that the mobile phone of the complainant was also replaced by the Opposite Party.  It is also averred that on 26.7.2016, when the complainant was standing in the market of Sector 7, his mobile accidently slipped from his hand and fell on the road due to which its screen as well as touch was damaged and the phone stopped working.  Thereafter, the damaged mobile phone was taken to Opposite Party NO.1 on 8.8.2016 for repair under the policy and after completion of requisite formalities as asked by Opposite Party NO.2 and he was issued receipt by mentioning the date of delivery as 30.8.2016 (Ann.C-4).  However, the OPs rejected the claim of the complainant on 17.8.2016 vide Ann.C-6 as non-payable due to exclusion 7.9 Loss caused by incorrect storage, poor care and maintenance, careless use, gross negligence, incorrect installation and incorrect set-up.  It is stated that the claim of the complainant has wrongly been rejected as his claim was of accidental damage and not of due to incorrect storage of the phone.  Thereafter, the complainant sent a legal notice to Opposite Party on 19.10.2016, but in vain. Hence, this complaint has been filed for claim of Rs.55000/- with interest and cost alleging deficiency in service on the part of OPs. 

 

2]       The Opposite Party NO.1 filed reply stating that though the phone was submitted to Opposite Party NO.1 for in damaged condition and thereafter the claim forms of the complainant in respect of the damage phone was submitted to Gizmohelp (new India Insurance Co.) for approval of the claim, but the same was rejected by the said company.  It is stated that the Opposite Party NO.1 has no role or authority in acceptance or rejection of the insurance claim of the complainant.  It is also stated that the claim was disapproved by insurance firm i.e. Gizmohelp (New India Insurance Co.), which should have been made party by the complainant and the Opposite Party No.1 has no role in it.  Pleading no deficiency in service and denying rest of the allegation, the Opposite Party NO.1 has prayed for dismissal of the complaint qua it.

3]       Opposite Party No.2 did not turn up despite service of notice sent through regd. post on 24.3.2017, hence it was proceeded exparte vide order dated 28.4.2017.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the complainant, Representative of Opposite Party NO.1 and have also perused the entire record.

 

6]       The complainant has purchased the mobile telephone Apple iPhone 6 for Rs.55,000/- on 5.11.2015.  The mobile telephone was insured with Opposite Party No.2 through Opposite Party No.1 while purchasing the same on payment of Rs.2499/- vide Ann.C-I.  The telephone was damaged on 26.7.2016 within warranty period and under insurance coverage by felling on road after sudden slip from the hand of the complainant.  There was no intentional and willful lapse on the part of the complainant. The telephone was damaged by accidental fall and such loss by way of damage is fully covered under the insurance.  The claim of the complainant is genuine and the Opposite Party No.2 has rejected the claim without any cogent and valid reason. The decision of Opposite Party No.2 regarding rejection of claim of the complainant is outrageous and as such amounts to deficiency of service. 

 

7]       Keeping into consideration the facts in issue, the complaint is allowed with direction to OPs NO.1 & 2 to jointly & severally pay to the complainant Rs.55,000/- with interest @ 12% per annum w.e.f. 17.8.2016 till realization along with litigation expenses of Rs.5000/- within thirty days from the date of receipt of copy of this order. 

         Certified copy of this order be communicated to the parties, free of charge. After compliance, file be consigned to record room.

Announced

1^st February, 2018                                                          Sd/-

                                                                                               

                                                                   (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER