Ludhiana: The District Consumer Disputes Redressal Forum has penalised an insurance company for deficiency in service for not settling the claim of a mobile handset owner whose handset had got damaged. Of the penalty amount, the forum — comprising its president GK Dhir and member Jyotsna Thatai — ordered the AppsDaily Solutions Private Limited to pay Rs10,000 as compensation for mental agony and harassment, and Rs5,000 as litigation expenses to customer Chandan Thapar of Urban Estate in Dugri, who had bought the mobile handset for Rs12,000. The forum also ordered the insurance company to get the screen of the mobile phone repaired and return the phone to the customer.Thapar — in his complaint to the forum on April 3, 2017 — said he had purchased Gionee F103 Pro mobile phone on July 17, 2016, from Shri Sachidanand NK Gallery at Mata Rani Chowk in Ludhiana. The customer later bought the mobile phone insurance for covering risks, including damage, theft, liquid, and physical damage. Assurance was given to the complainant regarding replacement or repair of the mobile phone within 10 days in the guarantee period.On November 14, 2016, Thapar’s mobile phone got damaged, and thereafter, he approached the seller to lodge a claim. The seller asked him to lodge the claim with the insurance company. Thereafter, Thapar visited the insurance company’s customer care/collection centre in Ghumar Mandi, and lodged a complaint on November 15, 2016. The insurance company centre collected the mobile and assured him of settling the lodged claim soon. A month after lodging the complaint, Thapar approached the company centre to know about the status of his claim, but lame excuses were made, and the claim’s settlement was delayed by the company on one pretext or the other.It is claimed that on misrepresentation by the insurance company, the complainant got the phone insured after purchase. Deficient services were rendered by the company, adopting unfair trade practices, and that is why, the complainant sought a refund of the phone amount of Rs12,000 plus Rs1,250 for insurance, litigation expenses of Rs10,000, and as compensation for mental agony and harassment, Rs50,000 more were claimed.The forum — after going through the evidence, including insurance cover terms, invoice of the mobile handset purchase, job sheet etc — observed that despite lodging the claim on November 15, 2016, by way of deposit of mobile, the insurance claim had not been settled. It held that after going through the contents of the job sheet, it was made out that physical damage was caused to the phone, resulting in a crack on the display/screen, and it was the responsibility of the insurance company and their collection centre to repair the mobile phone or replace the same within 10 days of deposit of the mobile phone with the collection centre. The forum observed that since those services were not rendered, there was deficiency in services on the part of the insurance company. It held that as damage was caused to the screen, the repairs could be carried out by the insurance company.The forum held that therefore, instead of ordering a replacement of the mobile or refund of the price, the insurance company was ordered to repair the mobile phone free of cost within 20 days after receipt of the copy of order, and hand it over to the complainant. It further held that as the complainant was divested of the use of the mobile phone since November 15, 2016, due to the fault of insurance company, he was entitled to compensation for mental agony and harassment, and litigation expenses of a reasonable amount.

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