[Resolved]  Apps You Need — Rejecting claim with insufficient reasons

Address:

Gurgaon, Haryana, 302001

SAGARIKA LOYA
Contact: Mobile:[protected]
e-mail: sagarika.[protected]@gmail.com
Address: 3-5-694/1, Flat No. 304, Samvai Towers,
Street No. 9, Narayanguda, Hyderabad

Date: 08.04.2017
To
Apps You Need,
123, 2nd Floor, Block A, Corenthum Towers,
Sector 62 Noida Gautam Buddh Nagar District
Uttar Pradesh - India – 201301

Sir,
I am concerned for my client, Mr. Madhav Rathi, S/o Mr. G.D. Rathi R/o. Jaipur and have instructions to address you as hereunder:

My client represents that he purchased his mobile device Samsung J5 2016 on 12.05.2016 from flipcart.com. He further took an insurance from your company for the said device on 16.06.2016 which was confirmed to him through the mail referring Insurance Reference Number: IRN431052 Master Policy Number:[protected]. My client further states that on 14th March 2017 while my client was driving a motor bike, a car has hit him and the handle of the bike has dashed the mobile which was in his pocket.

My client further states that as soon as he checked his phone, he saw that the tempered screen guard of the phone was totally shattered and he removed the tempered glass to see whether the phone is working or not. On local inspection of the device, he found out that although the display screen was intact due to the tempered glass, the device screen had gone blank and hence the phone had stopped working.

My client further states that he immediately took the handset to the Samsung customer care wherein he was told the damage is internal and the screen and body was saved due to the tempered glass and the body case he is using. The customer care further stated that they would require to replace DISPLAY which would cost him around Rs. 4546/-. He then contacted your customer service and presented a claim for the said damage vide CIN DMAR13552 on dated 14th March 2017. The said claim was rejected by your company stating that “Claim Form: After accident your bike had been fallen down on your mobile, which was in your pocket. But after this incident there is not damage found on mobile screen. it's not acceptable.”

My client states that he tried to explain the cause of action and that the damage is internal and there is no damage on external body due to the tempered screen guard and the strong bumper case my client uses for his device. But even after several telephonic conversations and exchange of emails between your company and my client, there is no positive response from your end. My client further informed me that the case of my client is genuine and needs attention but your customer care is not taking care of the same.

It is pertinent to mention here that my client has abide by all the terms and conditions of the insurance and the said claim does not fall in any of the category of the “EXLUDED PERILS” but still the said claim is rejected on the insufficient ground. It is also not out of place here to mention that in such event of accident and proven damage to the handset insured at your end, you cannot avoid by simply denying the damage existence. The damage can be easily detected on simple local inspection.

The fact remains that phone has internal damages which has been confirmed by the customer care of samsung, as such, the contention of your company that in the absence of any external damage, your company is not in a position to entertain the claim is totally illegal, arbitrary and contrary to the law.

You are, therefore, hereby called upon to settle the claim within 10 days from the date of receipt of this notice, failing which my client will proceed in the appropriate forum as advised entirely at your costs and risks which please note. Charges of the present notice is Rs. 5, 000/- to be paid to our client.

SAGARIKA LOYA
Advocate