Adv. For the Complainant: -  Self

Adv. For O.P                         :-  Self              

Date  of filing of the Case  :- 29.07.2019

Date of Order                       :-  06.08.2019

JUDGMENT

Sri A.K.Purohit, President

        Heard the complainant. Perused  the complaint petition and documents filed by the complainant. The complainant has preferred this case against the Secretary , Ministry of Agriculture and farmer welfare and The Chairman Royal Sundaram General Insurance Co. Limited. The O.P. No.1 is a resident of  New Delhi and the O.P. No.2 is a resident of Karapakkam Chennai. The complainant petition does not disclose any specific pleading to show that the cause of action arose within the jurisdiction of this Forum. Hence this Forum has no territorial jurisdiction to decide the case.

           The prayer of the complainant in his complaint petition reads as follows:- ‘’  It is therefore prayed that,(i) The O.Ps be directed to pay the claim settle amount payable to the petitioner with  interest,(ii) Compensation and cost be granted,(iii) Any other relief the forum deems proper’’. This prayer of the complainant does not disclose the pecuniary jurisdiction of this Forum. Hence in the absence specific pleadings it is not possible to ascertain the pecuniary jurisdiction of this forum. Hence this Forum has no pecuniary jurisdiction to decide the case.

                     Further it is seen from the complaint petition that , the Secretary , Ministry of Agriculture and Farmers Welfare has been added as party who is not a service provider. The PMFBY is a scheme of the Govt. Wherein the Govt. Is paying a share of  the premium amount and hence the O.P. No. 1 is not a service provider . It is also seen from the complaint petition that the complainant has not added the other recorded tenants as party as per the land schedule. Hence there is mis - joinder and non joinder of parties in this case which is not maintainable. In this context it is relevant to refer to a decision of the Hon ’ble National Commission reported in 2017(2) CP R 98 (NC) , M/S Avon steel industries VRS. Bajrangbali  Transport Company, Wherein the Hon’ble National  Commission has held that, “ Consumer complainant can be dismissed for misjoinder of parties and causes of action”.

               Under the aforesaid facts and circumstances the case is not admissible.

                      Accordingly the case is dismissed as not admitted.

      Pronounced in the open Forum  to-day  i.e the  06^th   day of   August  2019.

   Sd/-                                                                                                   Sd/-                                          (S.Rath)                                                                                    (A.K.Purohit)  

                      MEMBER.                                                                                   PRESIDENT