Case No.203/2014

Durgesh Singh Vs. M/s Apollo Munich Health Insurance Co. Ltd.

28.07.2014

Present:-  Counsel for the complainant.

        Complainant has filed the present complaint against M/s Apollo Munich Health Insurance Co. Ltd. which has main office at Gurgaon but has branch office at Asaf Ali Road, New Delhi.  Complainant got the policy from the O.P and thereafter he was hospitalized.  He submitted a claim which has not been honored.  Complainant was admitted in Orchid Hospital, Janakpuri, New Delhi where he got the treatment.  Question arises how this forum has jurisdiction to entertain the present complaint? 

2.     Case of the complainant is that branch office of the O.P is situated at Asaf Ali Road, therefore, this forum has jurisdiction to entertain the complaint.  The complainant did not have any kind of dealing with Asaf Ali Road branch of O.P.  In these circumstances when the complainant did not have any kind of dealings with the branch office, the consumer forum exercising jurisdiction over Asaf Ali Road, does not have jurisdiction to entertain the complaint, merely on the ground that a Branch office of O.P is situated within its jurisdiction.  Counsel for the complainant has relied upon an authority reported as Dr. Nirmal Kumar Jain & Anr.  Vs  Masworth Orchards (India) Ltd. & Ors. III (2000) CPJ 274.  However, in Union Bank of India  Vs  M/s Seppo Rallyoy & Ors. AIR 1999 SC 62 where the bank guarantee was given at Saharanpur, the payment was made at Saharanpur which was situated in U.P, complaint was filed in Delhi, merely on the ground that the bank had a branch office in Delhi, the Delhi State Commission held in favour of the complainant.  However, when the case went to Supreme Court it was held that the State Commission at Delhi had no jurisdiction to entertain the complaint.  It would lead to absurd result which was not contemplated by the Consumer Protection Act.  Similar views were taken in American Express Bank Ltd.  Vs Rajesh Gupta & Ors. 1986-2000 Consumer 6284 NC (4 Judges bench) and  Indian Airlines Corporation  Vs Consumer Education & Research Society 1994 (2) CCC 925 (NC).  In view of these authorities since complainant did not have any kind of dealing with Asaf Ali Road Branch of O.P, this forum does not have territorial jurisdiction to entertain the present complaint.  Accordingly the present complaint is returned to the complainant for filing before the proper forum.  Endorsement may be made on the complaint returned regarding payment of fee, date of presentation and date of return thereof.

Copy of the order be given to the complainant Dasti.  File be consigned to the record room.

President                             Member                        Member