Learned counsel for both the parties are present.
2. Learned counsel for the OP submitted that the complaint petition clearly shows that complainant has already paid premium of only Rs.39,506/- and as such the jurisdiction of this Commission is not covered. Therefore, he submitted that the complaint case before this Commission is not maintainable.
3. Learned counsel for the complainant raised objection by drawing our attention to para-7 of their objection where they have alleged that this is maintainable before this Commission. According to him the judgment of Hon’ble Supreme Court on this issue is pending.
4. Considered the submission of both the parties, perused the record. Section-47(1)(a) is very clear in the following manner:-
(a) to entertain –
(i) Complaints where the value of the goods or services paid as consideration, exceeds rupees one crore, but does not exceed rupees ten crore,”
5. The aforesaid provisions is clear to show that the complaint can be entertained for value of goods or the services paid as consideration, for which the question of amount paid is relevant to decide the pecuniary jurisdiction of this Commission. Such view has been taken by the Hon’ble Supreme Court of India in C.C. No.833 of 2020 M/s. Pyaridevi Chabiraj Steels Pvt.Ltd. - Vrs- National Insurance Company Ltd.& three others.
6. Mr. Singh, learned counsel for the complainant submitted that the decision relied on by the Hon’ble National Commission has already been pending before the Hon’ble Supreme Court for consideration. It appears that the issue has not been settled by the Hon’ble Supreme Court, for which we are bound by the statute as quoted above.
7. In the facts and circumstances, the present C.C. case filed before this Commission is not maintainable. Learned counsel for the complainant is at liberty to withdraw the complaint and file it before the appropriate authority.
The complaint case is disposed of accordingly.
Free copy of the order be supplied to the respective parties or they may download same from the confonet or webtsite of this Commission to treat same as copy of order received from this Commission.