[Resolved]  Times Global Insurance — Fraud Company - Stealing Parts of the phone

Ma’am/Sir,

We write to you under instructions from our client Mrs. Veeresh RV, (hereinafter referred to as “Client”) to notify you as under:

1) The first of you is a private incorporated company engaged inter alia in the business of mobile/iPad/TV insurance. The First of you, operating under the name mymobileinsurance., offer mobile phone insurance plans on your website www.mymobileinsurance.com (‘Website’). You claim to be a top-rated, professionally managed mobile insurance company providing reliable mobile insurance plans and services globally. You represent that mymobileinsurance is a unique smartphone insurance plan that not only offers physical protection.

2) The Second, Third, Fourth and Fifth of you are the employees/vendors managing the affairs and responsible for the running of day to day business, administration, management and decision making in the First addressee Company (Unless otherwise specified, the First to Fifth of you shall be collectively referred to as “You”)

3) On 19.01.2020, our Client purchased an Apple iPhone 11 (White), 64 GB from Shreyash Retail Private Limited on Flipkart website for an amount of Rs. 64, 900/- (Rupees Sixty Four Thousand Nine Hundred only). In light of the substantial value and worth of the mobile phone purchased, our Client was looking out to buy a comprehensive mobile phone insurance to cover risks arising from unforeseeable damage or loss of the phone purchased.

4) In these circumstances, relying on the representations held out by You on your website, our Client evinced interest in purchasing the insurance offered by You, to insure the Apple iPhone 11 (White), 64 GB, purchased by our Client.

5) Following the automated assistance on the Website, our Client entered the required details upon which our Client was offered a comprehensive coverage plan for an amount of Rs. 12, 610/- (Rupees Twelve Thousand Six Hundred and Ten only). You represented that the insurance plan offered, would, inter alia protect the Apple iPhone of our Client from Theft, Liquid Damage, Accidental Damage and the coverage would be valid for 2 (years) year from the date of mobile insurance purchase i.e., 01/12/2020.

6) Pursuant thereto, our Client made the required payment of Rs. 12, 610/- (Rupees Twelve Thousand Six Hundred and Ten only) and purchased the insurance coverage plan offered by You. The purchase of insurance coverage was acknowledged by You vide your e-mail dated 01.12.2020. Our Client rely on the terms and conditions as contained in the policy document provided by You for its true purport and meaning.

7) On 04.01.2021, owing to an unfortunate minor incident, our Client slid and fell down while someone tried to snatch it resulting in damage to the iPhone 11. Immediately, after reaching home, our Client addressed an email to You at claims support, briefly reporting the incident, indicating the damage to the iPhone and raising a claim. On the next day, You acknowledged the call of our Client and asked our Client to wait, for proceeding with the claim.

8) In pursuance of the same, you have approved the claim via emailed dated 13/01/2021 after multiple follow-ups via email and informed out Client to dispatch the phone to Mr Chandan (Accent Gadgets Care). The same was followed by my client via DTDC courier with tracking ID - V61033342 on 13/01/2021.

9) Our Client has briefly described the loss, as extracted herein:

“After playing badminton sport, I was walking near my bike. I opened the iPhone from my pant pocket to call home. Suddenly, in no time, a person sitting behind tried to snatch the phone in a black bike and failed as I held it firmly. The iPhone fell down causing me to lose balance and I too fell. The phone fell in force on the stones used for construction causing damage to the back case, left side part damage. I picked up the iPhone. I tried switching it on, it didn't power on. The glass pieces are falling. The incident occurred in Mallathalli, Bengaluru around 9:40 PM dated 04/01/2021 Cerificate No : # IND _MOB.AA[protected]”

10) In these circumstances, while our Client was awaiting positive steps on the claims from your end, vide your response email dated 18.01.2021, You have informed our client to pay Rs. 11, 302 (Rupees Eleven Thousand Three Hundred and Two Rupees) as claim handling charges. Our client has made the payment on 18.01.2021 via the link provided by you in the email.

11) After multiple follow ups via email/calls, you have failed to dispatch the phone to our client repairing/replacing it. Despite persistent efforts, You failed to respond to our Client. However, on 2nd February 2021, you email our client with a video of the iPhone 11 being repaired perfectly and just waiting for a code from Apple which completes the repair work.

12) The phone was dispatched to my client’s address on 16th February 2021 which was delivered on 18.02.2021. However, after doing unboxing, my client found that the phone is the same and not repaired. The mobile phone’s damage is even worse, my client has shared the unboxing video with you along with the pictures. The phone was purchased in the month of January 2020, however, the battery manufacturing date shows August 2020. Seeing which our client assumes that, you have stolen the original parts and sent back the phone without repair.

13) My client calls your customer care number - +[protected] and explains this to Mr Aman who is the only point of contact. He informs our client that, nothing can be done and to file a case as he is leaving the job. Be notified that your action of closing the claims of our Client is an obvious dishonest action to escape the service liability and to misappropriate the substantial monies paid by our Client towards insurance premium for the Apple iPhone. You have used the business of addressee 1 company under the name mymobileinsurance, only as a device to commit fraud upon our Client and public at large, in order that people part with their funds.

14) Another shocking and a blatant indication of your fraudulent intent is the manner in which you have misinterpreted our Clients claim only to loot money and the phone parts. These assertions made by You, unequivocally demonstrates the gross fraudulent intent of cheating with which You enticed our Client to part with the monies for purchase of insurance.

15) Our Client has needlessly suffered on account of all of you. Our Client has spent his hard earned money and invested in the iPhone and has spent a substantial amount for the purchase of the mobile phone insurance wholly based on the representations made by You on your Website, honestly believing that the mobile phone insurance offered would cover risks arising from unforeseeable damage or loss of the phone purchased. However, You have failed to honor the terms of coverage and have attempted to evade liability on concocted and false grounds. All of you, under the guise of mobile phone insurance coverage, have pocketed the hard earned money of our Client and have intentionally eluded from provision of service. All of you have jointly and severally rendered the deficient service to our Client and have caused immense harm and hardship.

Take notice that, on behalf of our Client, we hereby call upon You to pay our Client the sum of Rs. 64, 900/- (Rupees Sixty Four Thousand Nine Hundred Only) towards the claim raised by our Client, in respect of mymobileinsurance mobile insurance bearing certificate No. IND _MOB.AA[protected], within ten (10) days from the date of receipt of this notice.

Further, we hereby call upon You to pay our Client a sum of Rs. 30, 000/- (Rupees Thirty Thousand only) towards mental agony caused to her owing to your deficiency of service and towards expenses incurred by her in seeking to remedy the unlawful closure of claims, including expenses towards this legal notice.

Please be informed that if You fail to make payments due to our Client, our Client will be compelled to initiate appropriate legal proceedings in both civil and criminal forum for redressal of her grievances, holding You liable for all costs and consequences thereof.

Shashikanth

Advocate