12th day of June 2013
C.C.246/13 filed on 28/5/13
Complainant: John Joseph, Kottupallil Parackal House, Variam Lane,
Mannuthy, Thrissur.
(By Advs.Arun.KV&Febin James, Thrissur-3)
Respondents: 1. Birla Sun Life Insurance Ltd., rep. by Manager, 3rd
floor, West Fort Tower, Ayyanthole Road, West Fort,
Thrissur.
2. Birla Sun Life Insurance Ltd., rep. by Managing
Director & CEO, One Indiabulls Centre, Tower 1,
15th&16th floor, Jupiter Mill Compound, 841, Senapati
Bapat marg, Elphinstone Road, Mumbai.
O R D E R
By Smt. Padmini Sudheesh, President:
Heard on admission and rejected.
2. The complaint is filed to get an amount of Rs.25,000/- with interest along with compensation. It is seen that the policy was issued by 2nd respondent which is situated in Mumbai. It is stated in the complaint also that when the complainant insisted for payment of principal amount along with interest the 2nd respondent refused the same. It is seen that there is no cause of action within the territorial limits of this Forum. The complaint is filed by stating that the cause of action is arisen within the local limits of this Forum where the respondent is held branch office in Thrissur district. The existence of branch office does not confer jurisdiction to this Forum.
3. It is held by our Hon’ble National Commission and reported in 2010(1)CTJ 3 that the expression branch office means the branch office where cause of action has arisen. It will lead to absurd consequences of bunch hunting if the complaint is allowed to file anywhere in India where the branch office of the complainee is situated. It does not mean that a complaint against the insurer could have been filed anywhere in India wherever it had a branch office. Hence the complaint is rejected.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 12th day of June 2013.
Sd/-
Padmini Sudheesh, President.
Sd/-
M.S. Sasidharan, Member.
Sd/-
Sheena.V.V., Member
Appendix
Nil
Id/-
President
