Order No.  8  dt.  22/05/2018

            The case is taken up for order. It is the case of the complainant that the complainant at the time of purchasing of the truck obtained the policy from o.ps. and during the subsistence of he said policy the truck met with an accident for which the complainant filed this case praying for reimbursement of the insurance claim.

            The o.p. insurance company appeared before this Forum and filed a petition praying for non maintainability of the case stating inter alia that o.p. no.1 carries on business and having its registered office within the state of Tamilnadu at Chennai which falls outside the territorial jurisdiction of this Forum as well as the branch office of o.p. insurance company is situated at  Chowringhee Court, 55/55/1, Chowringhee Road, P.S. Shakespeare Sarani, Kolkata-71 which falls within the territorial jurisdiction of DCDRF, Kolkata, Unit-II. Hence the case is not maintainable before this Forum.

            Ld. lawyer for the complainant did not appear to oppose the said prayer, though copy of the non maintainability petition was served upon the complainant.

            In view of the facts and circumstances of the case since no cause of action arose within the territorial jurisdiction of this Forum and the branch office is also situated under Shakespeare Sarani P.S. and the said P.S. does not fall within the territorial jurisdiction of this Forum, on the contrary, the complainant ought to have filed the case before DCDRF, Kolkata, Unit-II. Accordingly, we hold that case filed by the complainant is not maintainable since this Forum has no territorial jurisdiction to try this case and as such, the case is dismissed by holding that the same is not maintainable before this Forum.

            Hence, ordered,

            That the CC No.368/2017 is dismissed by holding that the same is not maintainable before this Forum.