Delhi

West Delhi

CC/19/11

VIMAL CHANDRA PANDEY - Complainant(s)

Versus

APPLE MUNICH HEALTH INSURANCE - Opp.Party(s)

14 Feb 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

 

CASE NO. 11/19

1. Vimal Chandra Pandey  & Anr.

        S/o  Shri Raj Narain Pandey

 

2. Smt. Meena Pandey 

        W/o Sh. Vimal Chandra  Pandey

 

        Both R/o E-145, Classic  Apartment ,

        PLoat  No. 11, Sedctor-22, Dwarka, 

        New Delhi-110075

 

VERSUS

1. Apollo Munich Health Insurance

Through itsAuthorised Representative

Having Its Office At:-

• Office No-1007, 10^th Floor,

Vishwa Deep Building,

4, District Centre,

Janakpuri , New Delhi

 

Also At 6 & &, First Floor,

B.K. Roy Court,

Asaf Ali Road, New Delhi-110002

 

• Also Havivg Its Corporate Office at-

SCF-19, 1^st Floor , Sector -14,

Gurugram, Haryana.

 

2. Canara Bank,

Through ItsManager,

• Hansraj College, 

Delhi University,

• Delhi-110007

O R D E R

 

K.S. MOHI, PRESIDENT

 

                During the coursel of  the argument the counsel for complainant confronted with the issue to explain  as to how the Forum has the territorial jurisdiction  to try the present matter but unfortunately the complainant could not convince the court on territorial jurisdiction.  The grievances of the complainant is that the OP deducted amount of its premium of the policy  in advance  from the  bank  account of the complaint.  The Forum can not proceed with the trial of this complaint unless it has got jurisdiction to try the matter. The complainant  has not placed  any document/ communication which give  territorial  jurisdiction to this Forum .   

Section 11 of the Consumer Protection Act  deals  with the  jurisdiction  of district Forum and is  produced as below:-

““11. Jurisdiction of the District Forum.- (2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,-

1. the opposite party or each of the opposite parties, where there are more than on, 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
2. 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
3. the cause of action, wholly or in part, arises.”

 

The bare perusal of the aforesaid provision makes it crystal clear that consumer complaint can be filed against opposite parties at the place where it actually and voluntarily resides or carries on business or has a branch office or where cause of action wholly or in part arose.   The brief facts as alleged by the complainant that he obtained mediclaim policy from  OP which has  three offices corporate at Gurgaon and the branch office at Janak Puri .  The counsel contended that as the complainant is residing at dwarka and the nearest branch is at Janak Puri, therefore, he filed the present complaint before this Forum but he is unable to explain what cause of action occurred at Janak Puri Branch which  falls in the jurisdiction of this Forum.  The counsel for complainant also argued   that the complainant is was paying premium from Canera Bank which has address at Delhi University.  He further argued that  the complainant  communicated through e-mail from Dwarka.

The bare perusal of the aforesaid provision makes it crystal clear that consumer complaint can be filed against opposite parties at the place where it actually and voluntarily resides or carries on business or has a branch office or where cause of action wholly or in part arose.  

In the instant case the Complainant has shown  in the  complaint the address of OP-1  as of  Janak Puri but  has  not placed on record any document which could show   that aforesaid policy was issued at the Janak Puri or any  communication  within  territorial jurisdiction of this Forum.    Even the contention of complainant that  e-mail communications were effected from Dwarka does not hold  water as  Dwarka would not confer the territorial jurisdiction.  The Hon’ble Supreme Court in these cases titled Sonic Surgical  Vs.  National Insurance Co. Ltd. 2009 STPL 16887 SC, and  in case titled Spice Jet Ltd. Vs. Ranju Aeryn  and Marine Container Services South Vs. Go Go Garments make  it abundantly clear that  consumer fora  shall have no jurisdiction to entertain  the complaint if no cause of action has arisen within its jurisdiction. 

Hon’ble National Commission in the matter of Mahesh Ram Nath vs. The Secretary cum Commissioner (Transport) (Revision Petition No. 2816/2012) in which, Hon’ble National Commission has taken a very serious view and stated that in spite of notification promulgated by Govt. of NCT of Delhi on 20/04/1999 clearly demarcating jurisdiction district wise, District Forums were violating the order. Thereafter the letter dated 07/11/2012 was issued by the Secretary-cum-Commissioner, Food, Supplies and Consumer Affairs, Govt. of NCT of Delhi to enforce the notification dated 20/04/1999 issued by Directorate of Consumer Affairs, Govt. of NCT of Delhi.

Further, in the matter of Prem Joshi vs Jurasik Park Inn [FA No. 488/2017], vide its order dated 01/11/2017,  Hon’ble Delhi State Consumer Dispute Commission has held that the notification dated 20/04/1999 issued by Directorate of Consumer Affairs, Govt. of NCT of Delhi is to be strictly complied with. Hon’ble Delhi State Commission in Prem Joshi case (supra), we are of the opinion that this Forum does not have territorial jurisdiction to entertain this complaint.

Keeping in view   the whole facts and discussion stated  above  we are of the opinion that this Forum has no territorial jurisdiction to try this matter.  Hence the complaint is dismissed

 Copy of this order be sent to the parties as per rules.

          File be consigned to the record room. 

  Announced this____14th__ day of __February_____ 2019.

 

 

                                                                                                                       ( K.S. MOHI )                                                    (PUNEET LAMBA)                                                                                      PRESIDENT                                                              

MEMBER