Quorum: Ms. Rekha Rani, President
Sh. Vikram Kumar Dabas, Member
ORDER
Ms. Rekha Rani, President
1. The instant complaint was filed under section 12 of the Consumer Protection Act by Khushboo as nominee of her deceased mother who had purchased life insurance policy from Bajaj Allainaz OP.
2. Her Mother died on 09/08/2016 qua which an FIR No. 613/16 was lodged with police station Shabad Dairy under section 302 of IPC. Her claim was repudiated by OP vide its letter dated 29/10/2016. Hence the instant complaint seeking direction to OP to release all benefits under Policy No. 0328804725 & 0328987001 purchased by her deceased mother, Rs. 20,000/- for causing deficiency in service, Rs. 20,000/- for causing mental pain and agony and Rs. 20,000/- as cost of litigation. The case is at admission stage. We have heard Ms. Kriti advocate on the issue of territorial jurisdiction of this Forum to adjudicate the matter. The repudiation letter dated 29/10/2016 was issued by
Claims Review Committee
Bajaj Allianz Life Insurance Co Ltd.,
5th Floor, GE Plaza, Airport Road,
Yerwada, Pune – 411006
3. The OP has its branch office at G -85, First Floor Main Vikas Marg, Preet Vihar East Delhi as indicated from documents placed on record by the complainant herself at Page no. 14 of the instant complaint. Neither head office nor branch office of the OP is situated within the territorial jurisdiction of this Forum nor any part of cause of action arose within the territorial jurisdiction of this Forum.
4. The question of territorial jurisdiction is settled by Apex Court in the case of Sonic Surgical Vs. National Insurance Company Ltd (IV) 2009 CPJ 40. In the said judgment it was held that amended section 17 (2) (b) of the Consumer Protection Act has to be interpreted in such a way which does not lead to absurd consequences and bench hunting. It was observed that the expression ‘branch office’ in the amended section 17 (2) would mean the branch office where the cause of action arise.
5. Reference may also be made to decision of National Commission in Revision Petition No 1100/2011 titled as Rajan Kapoor Vs Estate Officer, Huda decided on 04.11.2011 wherein District Forum Panchkula allowed the complaint. In appeal the State Commission found that District Forum Panchkula had no territorial jurisdiction following Sonic Surgical (supra). Order of State Commission directing return of complaint for being presented to District Forum Ambala was maintained by the National Commission while observing that simply because Head Office of HUDA was in Panchkula , Panchkula District Forum did not have jurisdiction as no cause of action had arisen at Panchkula.
6. Hon’ble National Commission has shown concern that various District fora within the territory of NCT of Delhi exercise their jurisdiction strictly in accordance with the terms of Govt of Delhi Directorate of Consumer Affairs, Gazette Extraordinary (Part IV) Notification No. F. 50 (47) 96/F& S (CA) dated 20.04.1999 which is necessary to avoid forum shopping by the parties to consumer dispute. According to the said notification dated 20.04.1999 District Forum (Central) is competent to exercise jurisdiction only over cases falling in Areas within police stations namely Chandni Mahal, Jama Masjid, Hauz Quasi, I.P. Estate, Pahar Ganj, D.B.G. Road, Nabi Karim, Karol Bagh, Prasad Nagar and Rajinder Nagar.
7. In other words , if OP resides or works for gain within the area of any of the said Police Stations and if cause of action wholly or partly arises within the area of said police stations only then this forum will be competent to adjudicate the complaint.
8. It is therefore clear that if cause of action has arisen in an area not falling within the territorial jurisdiction of this forum as enumerated vide Gazette Notification No. F. 50 (47) 96/F& S (CA) dated 20.04.1999 this forum cannot proceed with the complaint. This view is fortified by Apex Court Judgment in Sonic Surgical (supra).
9. The complaint be accordingly returned for lack of territorial jurisdiction with liberty to the complainant to file the same before appropriate Forum. Copy of the same be retained on record. Copy of this order be sent to the parties as per rules. File be consigned to record room.
Announced this ___________day of __________2017.
