| Complaint Case No. CC/4/2020 | | ( Date of Filing : 13 Jan 2020 ) |
| | | | 1. SMT ARAKTI SINHA | | W/O SRI JAIDEEP SINHA,R/O RAILWAY QUARTER NO.-52/B,MAHANANDA COLONY,P.O &P.S.-PRADHAN NAGAR,PIN-734003. | | DARJEELING |
| ...........Complainant(s) | |
| Versus | | 1. CIGNA TTK HEALTH INSURANCE COMPANY LTD. AND OTHERS | | 401/402,RAHEJA TITANIUM,GOREGAON EAST,MUMBAI-400063. | | 2. SRI PRASUN KUMAR SIKDAR | | CEO AND MANAGING DIRECTOR,CIGNA TTK HEALTH INSURANCE COMPANY LTD.,401/402,RAHEJA TITANIUM,GOREGAON EAST,MUMBAI-400063. | | 3. DEALMONEY SECURITIES PVT. LTD. | | REGISTERED OFFICE AT PLOT nO.-A356/357,ROAD NO.-26,INDUATRIAL ESTATE,MIDC,THANE(WEST),MAHARASTRA-400604. | | 4. PANDOO PRABHAKAR NAIG | | DIRECTOR OF DEALMONEY SECURITIES PVT. LTD., PLOT NO.-A356/357,ROAD NO.-26,INDUATRIAL ESTATE,MIDC,THANE(WEST),MAHARASTRA-400604. | | 5. SRI ABHIJIT DEY | | ADDITIONAL DIRECTOR OF DEALMONEY SECURITIES PVT. LTD., PLOT NO.-A356/357,ROAD NO.-26,INDUATRIAL ESTATE,MIDC,THANE(WEST),MAHARASTRA-400604. |
| ............Opp.Party(s) |
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| Final Order / Judgement | This day is fixed for admission hearing. Ld. Advocate for the complainant files hazira. Heard the ld. Advocate. Perused the complainant and the documents thereto. - OPs No. 1 & 2 hail from Mumbai- 400063, while the OPs No. 3, 4 & 5 from Thane (West), Pin- 400604. Thus none of the OPs hail from within the territorial jurisdiction of this Forum.
- Section 11(2)(a) & (b) of the C.P. Act provides, inter alia, that a complaint shall be instituted in a District Forum within the local limits of whose jurisdiction, the OP/each or any of the OPs resides.
- Section 11 (2)(c) transpires, inter alia, further that the cause of action, wholly or, in part, should arise within the territorial limits of the concerned Forum.
- None of the 5 (five) OPs has any branch within the local limits of this Forum and hence it can not be said that the cause of action, at least in part arose within the local jurisdiction of Siliguri.
- The refusal to repay/reimburse the premium amount was done NOT by any Sub-office of the OPs at Siliguri but by Head/Main office situated in the State of Maharastra.
- As such, the instant consumer complaint is hit by Section 11(2) of the Consumer Protection Act, 1986 and hence NOT admitted for want of territorial jurisdiction.
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