Haryana

Ambala

CC/352/2017

Anju Gaur - Complainant(s)

Versus

Apple India Pvt Ltd. - Opp.Party(s)

In Person

24 Sep 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                                      Complaint case no.        : 352 of 2017

                                                          Date of Institution         : 18.10.2017

                                                          Date of decision    :  26.09.2018

 

 

 Anju Gaur aged 43 years wife of Shri Deepak Gaur, resident of House No.3, Dayal Bagh, Ambala Cantt.

    ……. Complainant.

 

 

1.  Apple India Pvt. Ltd. through its  Authorised Singantory, No.24, 19^th Floor, Concorde Tower C, UBCity, Vittal Mallya Road, Bangalore-560001.

2.  Excellent Gallery through its Authorised Signatory, 2-D.C.Road, Ambala Cantt.

3.  Apps you need through its Authorised Signatory, H75, Sector-63, Nodia(U.P.)

4.  The New India Assurance Company Ltd. through its Divisional Manager, Ambala Cantt.

 

 ….…. Opposite Parties.

 

Before:        Sh. D.N.Arora, President.

                   Sh. Pushpender Kumar, Member

 

                  

         

Present:        Sh. Rahul Chotani, counsel for complainant.

 Sh. Rajiv Sachdeva, counsel for Op No. 1.

Sh. Dev Batra, counsel for OP No.4.

OP No. 3 proceeded ex parte v.o.d. 06.12.2017.

OP No.2 already ex parte v.o.d. 01.02.2018.

 

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant  purchased a Apple Mobile Phone (iPhone 7, 32GB, Black, 3537780857908180 from the OP No.2 for a sum of Rs. 50,000/- on 06.05.2017 and the said iPhone got insured with OP No.3 vide Insurance reference no. IRN875751 vide master policy no. 95000046161100000001  vide invoice no. 236 of 06.05.2017 after obtaining Rs. 4999/- from the complainant. During the insurance period, all of sudden on 07.06.2017,  the mobile phone of the complainant  became totally damaged and the complainant immediately contacted the OP No.2, who had informed the OP No.3 about the condition of the phone vide CIN dt. 09.06.2017, documents were uploaded on 16.6.2017 and claim was approve on 23.06.2017. Thereafter defective mobile phone was pickup on 24.6.2017 by its employed  who assured that the claim will be settled within 25 days from the date of claim approved and received at service centre on 10.7.2017. The claim of the complainant was approved on 23.6.2017, but till now, the claim of the complainant has not been approved by the Ops. The complainant approached the OP Nos. 1 to 3 several times, but all in vain. She is suffering great hardship, mental pain and agony due to the deficiency in service on the part of the Ops. The complainant issued a legal notice 06.09.2017 upon the Ops.

Hence, the present complaint.

2.               Registered notice issued to Op No.3 but none has turned up on his behalf and he was proceeded against ex-parte vide order dated06.12.2017 and OP No.2 also proceeded ex parte v.o.d. 01.02.2018. Upon notice, OP No.1 appeared through counsel and filed written statement submitting that the complainant has admitted that her iPhone 7 bearing Serial No.F17T90WWHG7F had been totally damaged. Due to damage on the device as it is not covered under the warranty and cannot be repaired or replaced under warranty by the OP No.1. The OP No.1 does not provide any sort of insurance on its products either directly or indirectly. There is no privity of contract between OP No.1 & OP No.3 & OP No.4 with regard to the said insurance provided by them to the complainant’s mobile. All  claims with regard to any damages on the iPhone are to be cleared by the OP No.3 & OP no.4.

Upon notice, OP No.4 appeared through counsel and filed written statement submitting that nothing has been detailed as to how the alleged mobile was damaged, when it was damaged where is its job card. The entire story since date of purchase of alleged mobile & thereafter the contents of the present complaint revolves around the complainant, OP Nos. 1 to 3. The OP No.4 is not aware about the sale of the alleged mobile phone by OP No.2, alleged insurance issued by OP No.3. So, there is no deficiency on the part of OP Nos. 1 & 4 and prayed for dismissal of the present complaint.

3                 To prove his version complainant tendered his affidavit as Annexure C-A along with documents as annexure C-1 and C-12 and close his evidence. On the other hand, Counsel for the OP No.1 tendered affidavit as Annexure RW-1/A alongwith documents as Annexure R-1 to R-2 and close their evidence. Counsel for the OP No.4 has also tendered affidavit as Annexure RW-2/B and closed his evidence.

4.                We have heard both the counsel of the parties and carefully gone through the case file. It is proved on the file that the complainant had purchased a Apple Mobile Phone(iPhone7, 32GB, Black, 3537780857908- 180 from the OP No.2 for a sum of Rs. 50,000/- on 06.05.2017 as per Annexure C-3. The complainant has placed on record Annexure C-10 i.e. E-mail allegedly sent by OP No.3 Apps Company. It is mentioned in the said E-mail dated 06.05.2017 which was sent to the complainant i.e. the name of the purchaser, brand of the mobile Model iPhone 7  inovice No. 236 dated 06.05.2017 and it is also mentioned the name of the insurer i.e. OP No.4 and also mentioned the policy no. 95000046161100000001 and password  no. Apps with insurance has been activated for your device with the following details:

Name:Anju Gaur

Mobile No.9034957689

Policy No. 95000046161100000001.

Brand: Apple

Model : iPhone 7

Invoice No. 236

Invoice date: 06.05.2017

 

          The complainant has alleged that during the insurance period all of sudden on 07.06.2017  mobile phone of the complainant totally become damaged  and complainant has sent the e-mail alongwith the video to the company  on 09.06.2017 at 04.29.P.M. and same was received by the OP No.3  and submitted that “Your claim has been uploaded and generated on the same day” and it is mentioned that “ our team has found the following problems with your uploaded documents i.e. claim form: kindly upload auto generated  claim form. Original  invoice: retailer’s stamp/signature missing in invoice and  to upload the queried documents again, install our claim App  in your Android phone from this link. It is proved on the file that agent of the insurance company has collected the mobile in question without taking the accessories and original box as per Annexure C-9. But the company has not settled the claim of the complainant and the complainant has sent the notice  to the Ops as per Annexure C-3 and postal receipt C-4 to C-7  and copy of acknowledgment  received by New India Insurance Company(OP No.4) as per Annexure C-8 and duly stamped and signed by the representative of the insurance company. Counsel of the complainant has argued that due to damage of the mobile in question the insurance company is liable to pay the insured amount to the complainant.

On the other hand, counsel for the OP No.4 has argued that the complainant has simply mentioned in his complaint that the mobile in question become damaged but the complainant has failed to mention the details as to how and when alleged mobile was damaged, even there is no job card from which is can be ascertain what is the reasoning of total damage of the mobile or whether it is repairable or required any replacement. Even the complainant has not paid any premium and OP No.3 was never authorized to receive the premium and  to issue the such insurance policy on the behalf of the OP No.4. Counsel for the insurance company has rebutted the mail Annexure C-10 and has argued that  the above said mail has not been issued by them to any person or never received any premium from OP No.1 on behalf of the complainant. So that OP No.4 is not liable to pay the insured amount to the complainant.

5.                In view of the above facts that the complainant has failed to prove the details of the damage of the mobile how and on which date the mobile in question allegedly get damaged. There is no job card in the file from  any service centre where it has been allegedly declared as total damage or repairable etc. The complainant has taken the plea that the mobile in question has been insured with the OP No.4 as per the E-mail sent to the complainant.  No record placed on file with regard to payment of premium for the issuance of policy and there is no insurance policy available on the file.

6.                In view of above discussion, we are of the view that the complainant has miserably failed to prove her case. Thus, the complaint is devoid of any merits.  Accordingly, the complaint is hereby dismissed with no order as to costs. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :26.09.2018

 

 

 

                   (Pushpender Kumar)                (D.N. ARORA)

                             Member                            President