PRESENT

 

SRI RUHIDAS PAL

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION

      WEST TRIPURA, AGARTALA. 

 

Dr (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION

  WEST TRIPURA,  AGARTALA.

 

Order

 

Sri Tarun Baran Roy,

S/O- Lt. Jogesh Ch. Bhowmik,

Bankim Sarani, Akhaura Road,

Agartala, 799001.   ….......Complainant.

VS

1. The Branch Manager, 

Udaipur Branch Office,

Hospital Road, P.O. Radhakishorepur,

District- Gomati-799120,

Tripura.

 

2. Divisional Manager, LICI,

Silchar Divisional Office,

Meherpur, Silchar-788015.

 

3. Manager, HI LICI,

Silchar Divisional Office,

Meherpur, Silchar.     .….Opposite parties.

 

 

Complainant Sri T.B. Roy is physically present before the Commission.

Today was fixed for passing necessary order in respect of the question of maintainability. So, we have heard and passed the final order. 

The order runs as follows:-

On earlier occasion we heard both sides on the question of maintainability of the proceeding on the ground of territorial jurisdiction.

In brief the complainant's case is that the complainant purchased one life Insurance Policy (Health Plus Plan)  No- 492475707 w.e.f. 04.03.2009 from Branch Manager LICI Udaipur Branch Office, Hospital Road P.O. Radhakishorepur, District- Gomati. He was paying the premium regularly as per the terms and conditions. He himself and his wife are covered under the policy. Accordingly after hospitalization of his wife in the CMC Vellore during 27.01.2019 to 31.01.2019 he incurred expenditure amounting to Rs.1,07,820/- and that was claimed by him. Subsequently reminder was also issued but no good. Ultimately he filed this complaint alleging the deficiency of service committed by the O.Ps. 

After receiving notice, O.Ps contested the proceeding by way of filing W.S. and at this stage on 22.01.2021 Learned Advocate for the O.P. Mr. P.K. Debnath filed a petition challenging the maintainability of the proceeding on the question of territorial jurisdiction. He submitted that there are 2 other cases in similar nature pending and question of maintainability was challenged and he submitted to decide it as it is involved the question of law about jurisdiction. Accordingly date was fixed for hearing on the question of maintainability of the case. Now, we are passing the order.

Learned Advocate Mr. P.K. Debnath submitted that there is no dispute that the policy was purchased from the Branch manager, LICI Udaipur Branch Office and the complaint petition is filed U/S 12 of the C.P. Act 1986(Old Act). As per section 11 of the C.P. Act 1986 this Commission has no jurisdiction to entertain the complaint and he relied upon the decision of the Hon'ble State Consumer Disputes Redressal Commission, Tripura passed in the judgment vide case no. A-04/2019 dated 11.07.2019, the Oriental Insurance Co. Ltd. Vrs. Gopal Debbarma & Ors. 

On the other hand, the complainant submitted that he is permanently residing at Agartala and being a consumer he has a right to file the complaint at Agartala. He further submitted that his complaint is maintainable and there is no bar in respect of the territorial jurisdiction. 

We have gone through the judgment passed by the Hon'ble State Consumer Dispute Redressal Commission, Tripura. The Hon'ble State Commission relied upon the decision of the Apex Court which was  decided in Sonic Surgical Vs. National Insurance Co. Ltd. 2010 (1) SCC 135 that the complaint is not maintainable if there is no cause of action arose within the jurisdiction of the District Commission. In the instant case we find that no cause of action arose in the jurisdiction of the West Tripura Consumer Disputes Redressal Commission as per provision of Section 11 of C.P. Act, 1986. In this regard complainant has failed to refer any decision. We are bound to follow the precedent and since the matter is decided by the Apex Court as well as the Hon'ble State Commission we are in the opinion that the instant complaint is not maintainable for want of territorial jurisdiction. Hence, the complaint is dismissed for want of jurisdiction.