Punjab

Nawanshahr

CC/66/2016

Amarjit singh - Complainant(s)

Versus

Christian Medical College & Hospital - Opp.Party(s)

Gurcharan Singh

28 Nov 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSL FORUM

SHAHEED BHAGAT SINGH NAGAR

CC No.66/2016

Amarjit Singh Vs Christian Medical College etc.

Counsel for the Parties:-

Sh.Gurcharan Singh, Advocate counsel for complainant.

Sh.Bhajan Lal Saini & Sh.R.S. Mattu, Senior Law Officer of OP-1.

Sh.Amardeep Kaushal, Advocate counsel for OP-2.    

 

Through this order, we are going to dispose off an application for rejection of complaint for want of territorial jurisdiction filed by applicant/OP-1, wherein it is alleged that this Forum has no territorial jurisdiction to entertain and try the present complaint and same is liable to be dismissed and further submitted that complainant was admitted in CMC Hospital at Ludhiana and he was given treatment at Ludhiana and complainant make payment at Ludhiana.  Applicant/OP-1 did not have any branch office at Shaheed Bhagat Singh Nagar or within jurisdiction of this  Forum.  No part of cause of action accrued to the complainant at Shaheed Bhagat Singh Nagar.  Therefore, this Forum has got no jurisdiction to entertain and try the present complaint and in support of this version, the Applicant/OP-1 referred Section 20 (c), 21 of the CPC and also referred some judgments and lastly prayed that the instant complaint of the complainant may be dismissed with costs.

Notice of the application was given to the complainant who file reply and contest the same by taking plea that the instant application is not maintainable before this Forum and same is liable to be dismissed and further alleged that entire application is based on Section 20 C.P.C., however to determine the jurisdiction of this Forum, Section 20 of CPC is not applicable as there is specific section 11 of Consumer Act, which governs the jurisdiction of this Forum and further alleged complainant purchased the policy from OP-2 online from Nawanshahr and all policy documents and cashless card was received by complainant at Nawanshahr, hence cause of action has arisen at Nawanshahr and this Forum has got jurisdiction to try and decide the present complaint and lastly prayed that application of Applicant/OP-1 is without merit and same may be dismissed with costs.

We have heard the learned counsel for the parties and also gone through the case file very minutely.

          The instant complaint filed by complainant – Amarjit Singh in this Forum on the ground that he make premium of the policy online through credit card from Shaheed Bhagat Singh Nagar to OP No.2 and as such cause of action has arisen at Shaheed Bhagat Singh Nagar.  Therefore, this Forum has jurisdiction.  But in order to give strength to this submission, the complainant has not placed on file any document, the counsel for complainant made stress on one document issued by HDFC Bank whereby the complainant alleged that he make payment online but we have gone through the said document and found that this document in the name of Mandeep Singh.  So it is clear that complainant failed to establish that any cause of action has arose at Shaheed Bhagat Singh Nagar.  Furthermore, the complainant was admitted and treated by OP-1 at Ludhiana and payment of Rs.40549/- was also paid at Ludhiana and there is no head office or branch office of OP No.1&2 at Shaheed Bhagat Singh Nagar.  So accordingly we have come to conclusion that this Forum has got no jurisdiction to try and decide the present complaint.  Moreover, in reply to application of OP No.2, it is categorically stated that complaint cannot be rejected, it may be returned to be present before the proper court in case point of jurisdiction will decide against the complainant.  So it is made clear that complainant has admitted that this Forum has got no jurisdiction.  Then complaint may not be rejected, rather same be returned.  So accordingly we hold that this Forum is not having jurisdiction to entertain the present complaint. So application of Applicant/OP-1 is accepted and it is ordered that present complaint be returned to complainant under proper receipt with liberty to present the same before appropriate Forum/authority.  Copy of this order be sent to the parties as per rules.

 

Member                                                                         President

                                                                                      28.11.2016