DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)
ISBT KASHMERE GATE DELHI
CC/ 148/2016
No. DF/ Central/
DEEPAK VERMA
S/o late Sh. Hari Ram Verma
Ashok Nagar Vasundhra Enclave
S.O.East, Delhi-110096
VERSUS
1. M/S APPS DAILY SOLUTION PVT LTD
Through its director/ authorized representative
Head Office at D-3137-39,
Oberoi Garden Esates,
Chandivali Farm Road,
Andheri (E) Mumbai-400072
2. THE BRANCH MANAGER
M/s Apps Daily Solution Pvt. Ltd.
Having its branch office at:
606, Prabhat Kiran Building,
Rajendra Place, Delhi-110080
…..OPPOSITE PARTIES
ORDER
Rekha Rani, President
- Sh. Deepak Verma (in short the complainant) filed the instant complaint U/s 12 of the Consumer Protection Act 1986 as amended up to date (in short the Act) alleging therein he purchased a mobile phone from Spice Retail Ltd, Great India Place, Noida vide invoice no. 3433923 dated 12.01.2016 vide IMEI no. 352837070573257 for a sum
of Rs. 47,900/-. Complainant got the said mobile phone insured with
OP1against theft, burglary, physical damage and he paid an amount of
Rs. 4499/- for the said purpose.The phone was stolen and complainant reported the matter to the police.An FIR was registered U/s 379 read with section 34 IPC at Police Station KG Marg on 10.04.2016 at 9.30. Complainant immediately informed OP 1 about the said incident and also lodged his claim which was rejected.Hence the instant complaint seeking direction to OP to pay him a sum of Rs. 47,900/- and Rs. 25,000/- for causing mental agony.
- On receipt of notice of the instant complaint OP appeared and contested the claim vide its written statement wherein it is stated that claim of the complainant has been repudiated under the exclusion provided in the scheme document. It is also stated that mobile handset of the complainant was in his hand while getting down from the Metro at Rajiv Chowk where it had fallen down or stolen by unknown person as admitted by the complainant in actual incident statement lodged with the OP. It is further stated that complainant admitted that he was holding mobile in his hand and there was heavy rush which led to loss of the mobile handset. It is alleged that loss of mobile took place due to negligence on the part of the complainant.
- We have heard complainant particularly on territorial jurisdiction of this forum.
- Admittedly the mobile phone in question was purchased from Spice Retail Ltd, Great India Place, Noida. No cause of action is stated to have accrued against OP2 whose branch office is stated to be at Rajendra Place.
5. Since No part of cause of action arose within the jurisdiction of this forum the complaint is dismissed with liberty to file the same before forum having appropriate jurisdiction. Copy of this order be sent to the parties as statutorily required. File be consigned to record room.
Announced on this 08th Day May of 2018.
