West Bengal

Kolkata-I(North)

CC/107/2015

Nayeem Khan - Complainant(s)

Versus

Cholamandalam M. S. General Insurance Company Ltd. and 3 others - Opp.Party(s)

21 Jan 2016

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/107/2015
 
1. Nayeem Khan
S/o Atik Khan, Bhaljoria Road, Nirsa, Dist. - Dhanbad, Pin - 828205.
...........Complainant(s)
Versus
1. Cholamandalam M. S. General Insurance Company Ltd. and 3 others
6A, Middleton Street, 3rd Floor, Chabildas Tower, P.S. - Shakespeare Sarani, Kolkata - 700071.
2. Branch Manager
holamandalam M.S. General Insurance Co. Ltd., 6A, Middleton Street, 3rd Floor, Chabildas Tower, Kolkata - 700071.
3. Cholamandalam M. S. General Insurance Company Ltd.
Dare House, 2nd Floor, 2, N.S.C. Bose Road, Chennai - 600001.
4. Branch Manager
M/s. IndusInd Bank, P.C. Chatterjee Market, 192, G.T. Road East, Asansol, W.B. - 713303.
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. Sankar Nath Das PRESIDENT
 HON'ABLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 HON'ABLE MRS. Samiksha Bhattacharya MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

Order No.     11     dt.  21/01/2016

Record is put up today for order in respect of the ptn filed by O.p-1 to 3 , challenging the maintainability of the case on the ground of lack of territorial jurisdiction.

We have gone through the ptn filed by O.Ps 1 to 3 together with relevant materials on record .

From the ptn of complaint Para -1 we find that complainant filed a C.C Case before the D.C.D.R.F at Dhanbad being No-C.C 135/14 and the said complaint was dismissed on the ground of territorial Jurisdiction

Further from the record we find that the accident took place within the territorial of Uttar Dinajpur and communication were made by complainant in respect of concerned claim arriving out which the present case has been filed with the Chennai Office of O.Ps No 1,2,3 and said O.Ps never took part in any such transactions.

The office of O.P-4 situates with in the territorial jurisdiction of Burdwan .No appeal / revision was filed against the order of D.C.D.R.F , Dhanbad .

In view of the finding above , and on perusal of the entire materials on record , we find that this Forum does not have the territorial jurisdiction to adjudicate the instant case .

Accordingly , instant case is dismissed for want of territorial jurisdiction .

Complainant is at liberty to agitate the issue before the appropriate Forum on the self same cause of action.

Certified copy of this order  be supplied to the parties free of cost.

 
 
[HON'ABLE MR. Sankar Nath Das]
PRESIDENT
 
[HON'ABLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER
 
[HON'ABLE MRS. Samiksha Bhattacharya]
MEMBER

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