Vivek vs. Satyajm Mobile etc.
Present: Sh. Sandeep Gaba, Advocate for complainant.
Heard on the maintainability of the complaint before this Forum in the preliminary hearing.
2. The complainant has filed the present complaint with the averments that complainant purchased a mobile set Iphone Apple serial no.359160072637530 from ICrescent, SCO 1015, Sector 22-B, Chandigarh and after purchasing the mobile, the risk of this mobile was got covered believing upon the assurance, inducement of payment of value of mobile set in case of theft, damages etc. of one year by op no.1 here at Sirsa, where complainant is permanently residing. The kit of insurance coverage by op no.4 was handed over by op no.1 to the complainant and thereafter policy no.231200/48/2018/3321 effective from 17.7.2018 to 16.7.2018 (actually it is 8.7.2017 to 7.7.2018) was issued by ops no.2 and 3 which ultimately was handed over to the complainant by op no.1 at Sirsa. It is further averred that complainant went for studies in Delhi University, Delhi and theft of insured mobile took place on 10.9.2017 for which FIR No.NWD-MN-001324 dated 11.9.2017 was lodged with Police Station Mukharji Nagar North West, Delhi. Due intimation was given to the ops by way of mail and also on toll free number apart from submitting all the documents. All the requirements raised by ops no.2 and 3 were completed, in addition to submitting non-traceable report issued by competent authority/ court on 21.11.2017 but till date payment of insured sum of Rs.58,500/- has not been made by ops, who were/are under contractual, statutory obligation to pay the same as theft is not disputed. Hence, this complaint.
3. The complainant has also filed his affidavit alongwith copy of retail invoice issued by iCrescent Chandigarh, copyof FIR , copy of order dated 21.11.2017 regarding acceptance of untrace report, copy of letter written to
Divisional Manager, Oriental Insurance Company, Hisar, copy of Discharge Voucher, copy of claim form, copy of insurance schedule, policy terms and conditions and copy of aadhar card.
4. The perusal of the retail invoice reveals that mobile was purchased by complainant from iCrescent at Chandigarh. The copy the insurance policy reveals that same was issued from Chandigarh office. Admittedly theft of mobile set took place at New Delhi. The complainant has not placed on record any document in support of his contention that this Forum has got jurisdiction to try and decide the present complaint. He has produced copy of the policy which is a computerized copy of insurance company with a seal of office of Chandigarh, but however, a hand written Shre Satyam Mobile has been added thereafter without mentioning name of the office of Satyam Mobile. Similarly, learned counsel for complainant has produced a tax invoice dated 14.3.2018 by which the complainant had purchased an ear phone for a mobile knowing well that his mobile had already been stolen qua which he had already lodged FIR with the concerned police station which is evident from copy of FIR. Moreover, present complaint was filed by complainant on 12.2.2018 and this tax invoice relates to date 14.3.2018 and the theft of mobile took place on 10.9.2017. Today, complainant has produced a letter pad of Satyam Mobiles, Sadar Bazar Sirsa in which a certificate has been prepared that they have got insured the mobile of the complainant from the insurance company and insurance policy and bond of the insurance company were given to the customer. The perusal of this certificate reveals that it does not bear the date, month and the year of issue nor it bears the seal of Satyam Mobile, Sirsa and further it bears only the initial of someone without mentioning his name who issued this alleged hand written certificate. So, it is apparently clear from both these documents tax invoice dated 14.3.2018 for Rs.440/- as well as certificate of Satyam Mobile that complainant is making his best efforts by preparing these documents in order to create evidence in his favour to seek the jurisdiction of this Forum knowing well that the mobile was purchased by the complainant from Chandigarh and the insurance policy was also issued by Oriental Insurance Company having its office at Chandigarh and the theft of the mobile took place at New Delhi regarding which FIR was lodged by complainant at police station Mukharji Nagar, North West, Delhi and further on 21.11.2017, untraced report was accepted by Sh. Bhupinder Singh, ACMM (North), Rohini. It is further relevant to mention here that complainant has placed on record an unsigned copy of the letter addressed to Divisional Manager, OIC, Hisar with the subject for payment of sum insured Rs.58,500/- meaning thereby no cause of action has ever accrued to the complainant to seek jurisdiction of this Forum. So, this Forum has no jurisdiction to try and decide the present complaint. Section 11 (2) of the Consumer Protection Act, 1986 for the purpose of territorial jurisdiction reads as under:-
11 (2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,-
- the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or (carries on business or has a branch office or) personally works for gain, or
- any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or (carries on business or has a branch office), or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or (carry on business or have a branch office), or personally work for gain, as the case may be, acquiesce in such institution; or
- the cause of action, wholly or in part, arises.
5. Since, no cause of action or part cause of action arose to the complainant within the territorial jurisdiction of this Forum at Sirsa, as such the present complaint is hereby dismissed being barred by jurisdiction. A copy of this order be supplied to the complainant as per rules. File be consigned to the record room.
Dt.21.3.2018. President Member DCDRF, Sirsa.
