Delhi

West Delhi

CC/21/156

PUSHPENDER KUMAR - Complainant(s)

Versus

BAJAJ ALLIANZ GENERAL INSURANCE - Opp.Party(s)

06 Dec 2021

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION-III (WEST)

C-150-151, COMMUNITY CENTRE, JANAKPURI,

NEW DELHI-110058

CASE NO. 156-21

IN THE MATTERS OF:-

 

 

SH. PUSHPENDER KUMAR GUPTA

S/O SH. R.K. GUPTA,

R/O 829, ARJUN CAMP, MAHIPALPUR,

NEW DELHI - 110037                                                                                         ……COMPLAINANT

 

VERSUS

 

THE DIRECTOR/AUTHORISED REPRESENTATIVE

BAJAJ ALLIANZ GENERAL INSURANCE  CO. LTD

BLOCK NO. 04, 7^TH FLOOR,

DLF TOWER-15, MOTI NAGAR

DELHI

 

ALSO AT: BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD

C-31, SECTOR-2, 2^ND FLOOR,

NEAR NIRULAS, NOIDA-201301

CONTACT NO.: 0120-4125524

 

REGD. OFFICE AT: GE PLAZA, AIRPORT ROAD,

YERWADA, PUNE-411006

 

PRINCIPAL LOCATION:

BAJAJ ALLIANZ INSURANCE CO. LTD

15/54B, ND FLOOR, VIRENDRA SMRITI COMPLEX,

CIVIL LINES, KANPUR NAGAR-208001

CONT. NO: 0512-2338277                                                              ……OPPOSITE PARTY            

 

                                                                                                 

 

PRESENT: COMPLAINANT IN PERSON

 

Order by: Ms. Richa Jindal (Member)                                                                                 Dated: 06-12-2021

 

 

ORDER

     Complainant has filed the present complaint against the OP alleging deficiency in service and claiming a sum of Rs. 7,50,000/- besides other relief.

          Arguments on the admissibility of the complaint on the point of territorial jurisdiction heard. It is submitted by the complainant that Office of the OP 1 is situated at  BLOCK NO. 04, 7^TH FLOOR, DLF TOWER-15, MOTI NAGAR, DELHI which is within the jurisdiction of this Court although he stated that, that the address of the OP 2 is situated at C-31, SECTOR-2, 2^ND FLOOR, NEAR NIRULAS, NOIDA-201301 which is not within the territorial jurisdiction of this Commission so this district commission was competent to adjudicate the matter.

                        In the present case admittedly complainant is residing at 829, ARJUN CAMP, MAHIPALPUR, NEW DELHI-110037 and the policy was issued from BAJA ALLIANZ GENERAL INSURANCE CO. LTD , C-31, SECTOR-2, 2^ND FLOOR, NEAR NIRULAS, NOIDA-201301 which does not fall within the territorial jurisdiction of this commission. Admittedly there is no relief against OP 1 which falls under the territorial jurisdiction of this Commission. Perusal of the file shows that complainant has failed to placed on record any document which proves that any cause of action or part of it arose from the Office of OP no. 1. Hence, neither the Office of the OP’s  nor the cause of action arose within the territorial jurisdiction of this District Commission. We are, therefore, of the view that this Commission does not have the territorial jurisdiction to entertain the complaint in view of the judgement of Hon’ble Supreme Court titled as M/s Sonic Surgical v/s National Insurance Company Limited.

                The complaint is therefore directed to be returned to the complainant along with annexures against acknowledgement, copy of complaint be retained for records. Complaint is disposed off accordingly in above terms. A copy of order be sent to the complainant free of cost by post. Order be sent to www.confonet.nic.in. File be consigned to record room, pronounced in open Forum on ………..

 

 

 

 

(Member)                                                                 (Member)                                                            (President)