Assam

StateCommission

CC/7/2024

FEATHER AND FLUTE FINTRADE PVT. LTD. - Complainant(s)

Versus

FUTURE GENERALI INDIA INSURANCE CO. LTD. - Opp.Party(s)

SRAVANA KATAKEY

19 Jul 2024

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
Complaint Case No. CC/7/2024
( Date of Filing : 24 Jun 2024 )
 
1. FEATHER AND FLUTE FINTRADE PVT. LTD.
399, HALDI GALI, S J ROAD, ATHGAON, GUWAHATI- 781001, ASSAM.
KAMRUP METRO
ASSAM
...........Complainant(s)
Versus
1. FUTURE GENERALI INDIA INSURANCE CO. LTD.
2ND FLOOR, RD ENCLAVE, CHRISTIAN BASTI, GS ROAD, GUWAHATI- 781005
KAMRUP METRO
ASSAM
2. TEAM INSURANCE SURVEYORS & LOSS ASSESSORS LLP
411-412, 4TH FLOOR, AGGARWAL CYBER PLAZA-1, NETAJI SUBHASH PLACE, NEW DELHI- 110034
NORTH WEST
DELHI
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Prasanta Kumar Deka PRESIDENT
 HON'BLE MRS. Soneka Borah MEMBER
 HON'BLE MR. Tapas Kumar Ghosh MEMBER
 
PRESENT:SRAVANA KATAKEY, Advocate for the Complainant 1
 
Dated : 19 Jul 2024
Final Order / Judgement

                         Ms. S. Kataki, learned counsel, for the complainant appears and submits that as against the claim lodged against the opposite party Insurance Company a partial claim was satisfied but failed to honour claim of Rs. 1,11,00,000/-. Being aggrieved the complainant has filed the claim petition. Accordingly Ms. Kataki pressed for admission of this complaint petition by this Commission. On perusal of the complaint petition it is found that the complainant purchased an Insurance policy under FG Bharat Sookshma Udyam Suraksha bearing policy  No. F1176839 against total sum of property valued at Rs. 11,100,000.00, i.e. Stock of materials, Plant and Machinery of the complainant company. The said policy was issued against the premium of Rs. 40,025/- . After perusal of the said complaint petition though the relief claimed by the complainant is beyond Rs. 50 Lakhs, however, as per section 47 (1)(a)(I) of the Consumer Protection Act, 2019, the value against the services i.e. the Insurance coverage is Rs. 40,025/- only which is the premium (value against services) paid by the complainant. In view of the same, this Commission cannot entertain this complaint petition owing to lack of pecuniary jurisdiction and accordingly invoking the power under section 48 of the Consumer Protection Act, 2019 we hereby transfer this complaint petition to the learned District Commission, Kamrup at Guwahati immediately whereafter the complaint petition shall be disposed of by the learned Commission below as per law. The complainant shall appear before the learned Commission below on 26/07/2024 for necessary order.

                   

               The Registry shall accordingly transfer this case record keeping in view the appearance of the complainant fixed.

 

 
 
[HON'BLE MR. JUSTICE Prasanta Kumar Deka]
PRESIDENT
 
 
[HON'BLE MRS. Soneka Borah]
MEMBER
 
 
[HON'BLE MR. Tapas Kumar Ghosh]
MEMBER
 

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