BHARTI AIRTEL LTD Vs. ABHISHEK JAIN

JUDGEMENT

(1.) The instant appeal has been filed by the appellant/opposite party No.1 against the order dated 09.05.2018 passed by District Consumer Disputes Redressal Forum, Sangrur (in short, 'District Forum'), whereby the complaint filed by the complainant was allowed and opposite party No.1 was directed to pay Rs.40,000/- to the complainant being the cost of insured mobile set, subject to returning of the damaged mobile set to opposite party No.1. Opposite party No.1 was further directed to pay Rs.5,000/- towards cost of litigation expenses.

(2.) Brief facts, as averred in the complaint are that the complainant purchased a mobile phone bearing Model No. APPLE IPHONE 6S-16GB ROSE GOLD having IMEI No.353312072502489 on 26.05.2016. One year warranty was also given of the mobile. After lapse of warranty period, on 23.06.2017, the complainant got insured the mobile set from Moonak by purchasing Airtel Secure by paying Rs.80/- which was deducted from account balance of his mobile No.9878836182. An e-mail was also issued to the complainant mentioning Membership ID 1001576825 and his mobile was insured from 23.06.2017 to 22.06.2018 for the sum assured of Rs.40,000/-. On 01.07.2017, the screen of mobile of the complainant was broken due to fall from his pocket, when he was sitting on the chair. Immediately thereafter, the complainant approached opposite party No.1 with all the necessary documents as required by them. On 04.07.2017, a mail was received by the complainant; wherein the claim of the complainant was repudiated without giving any reason. The complainant number of times requested to opposite party No.1 for his claim, but to no effect. Alleging deficiency in service and unfair trade practice, the complainant sought the following reliefs from the District Forum by filing a consumer complaint before it against the opposite parties:-

(3.) Upon notice, opposite parties appeared and filed their separate written replies.