DISTRICT CONSUMER FORUM, DUMKA

                                                CC No.39 of 2013

 Smt. Meera Devi        …………………………….. Complainant

Vs

Branch Worker/Branch Manager, Sahara India, Deoghar Branch,

                                    Deoghar, Jharkhand  & others                                            …………..………OPs

      .04.2015                                                     ORDER

Parties are absent. No step is being taken by the parties for last four dates. The case is running  for hearing on the preliminary objection raised by the OP regarding territorial jurisdiction of t his Forum.

We have gone through the  record.

 This complaint is filed under the provision of the  Consumer Protection Act 1986 by the complainant who happens to be the wife of late DInesh Prasad Sah r/o village and PS Saraiyahat, Dist. Dumka  whereby an accidental claim on death Rs/200000/ is sought on the following version.

Complainant’s husband had deposited a sum of Rs.10000/ with the Op1 under the Scheme Sahara Rajat Yojana on 25.06.2003 and obtained receipt No.38442406191 who died on 13.05.2010 in accidental burning. The complainant filed an application before OP1 at Deoghar. But she could not get the death benefit as per condition. Hence, she has filed this complaint before this Forum .

 T he OP appeared and filed a preliminary objection raising territorial jurisdiction of this Forum placing reliance on several decisions of the Hon’ble Supreme Court and National Commission as well as State Commission Jharkhand , Ranchi. One of the decision applicable to this case is stressed upon to be of similar to this case and it is of our own State Commission, JHARKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION , RANCHI passed in Revision Petition no.08 of 2010 ,  SICCL  versus P.C Agrawal & others wherein the order of  this Forum was under challeng. In that very case the assured had contributed money under ‘Sahara Swarna Yojana’ at Ranchi who died at Dhanbad and the case was filed at Dumka in which the jurisdiction was challenged and this Forum over ruled the objection which was challenged before the State Commission, Ranchi. The Hon’ble State Commission vide judgment dated 25.10.2010 allowed the revision with liberty to the complainant to file the case afresh where cause of action arose.

In the present case we find the same fact. Admittedly the insured died at Bokaro and the Policy was issued from Deoghar . These two facts are clear from the Policy and death certificate filed by the complainant.

Under the facts and circumstances, we find that the cause of action arose in the case either at Deoghar from where the Policy was issued or at Bokaro where the death of the insured occurred. In that view of the decision of our own State Commission  we have no option but to  allow the Objection petition of the Op dated 17.02.2014 . It is accordingly allowed and resultantly the complaint is dismissed with liberty to the complainant to file afresh  her case, if so advised, before any of the Forum where cause of action arose. The period when this complaint remained pending shall be excluded for the purpose of limitation.

There shall be no order as to cost.