NCDRC

NCDRC

RP/990/2013

VIRENDER SINGH - Complainant(s)

Versus

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. & ANR. - Opp.Party(s)

MR. RAJPAL SINGH & MR. ROHIT KUMAR

16 Jul 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 990 OF 2013
 
(Against the Order dated 15/11/2012 in Appeal No. 693/2012 of the State Commission Haryana)
WITH
IA/1825/2013,IA/1826/2013
1. VIRENDER SINGH
S/O SH.AJIT SINGH, R/O VILLAGE NAHRI, TEHSIL
SONEPAT
HARYANA
...........Petitioner(s)
Versus 
1. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. & ANR.
THROUGH ITS MANAGER, ALSO AT: 201-201A, 2ND FLOOR,ITL TWIN TOWER, NETAJI SUBHASH PLACE, PITAM PURA,
DELHI - 110088
2. CITICORP: FINACE ( INDIA) LTD., HIMALAYA HOUSE
THROUGH ITS DIRECTOR, UPPER GROUND FLOOR, 73, KASTURBA GANDHI MARG,
NEW DELHI - 110001
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. VINEETA RAI, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. Rajpal Singh, Advocate
Mr. Rohit Kumar, Advocate
For the Respondent :
Ms. Suman Bagga Advocate For R-1

Dated : 16 Jul 2013
ORDER

The State Commission had disposed of the appeal on the ground that the District Forum, Sonepat did not have the territorial jurisdiction to decide the case since there was no cause of action in Sonepat.  Learned counsels for both the parties are present today.

 

2.      On perusal of the order of the State Commission, it is noted that the State Commission had observed that the complainant had insured his Tata truck from the opposite party No.1-Insurance Company at New Delhi and therefore, the District Forum, Sonepat had no territorial jurisdiction to entertain the present complaint.

 

3.      From perusal of the file, we note that the truck was in fact insured at Sonepat, where the insurance company has a Branch Office.  Therefore, as per provisions under Section 11(A) of the Consumer Protection Act, 1986, the District Forum, Sonepat had the jurisdiction to entertain this case and the State Commission erred in reaching a conclusion to the contrary.

 

4.      In view of the above facts, the case is remanded back to the State Commission to hear it afresh on merits in accordance with law. 

Parties are directed to appear before the State Commission on 21.08.2013.

 

 
......................
VINEETA RAI
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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