Today is fixed for delivery of judgement. But after hearing the Ld. Lawyers of both the parties and also considering the entire fact, it is found that the present complaint was filed by the complainant claiming that complainant is the proprietor of M/s. Satya Narayan Gunny Bag Industries at Village and Post Office – Kumrul, P.S.- Dhanikhali, Dist- Hooghly and admitted position is that complainant has a cash credit account with Punjab National Bank having its Branch Office at Gopinagar, Hooghly and the said concerned branch as agent of the Insurance Company was liable to insure the stock of the business of the complainant and took insurance policy with the op no.3 Oriental Insurance Co. Ltd. Branch office at Chinsurah for the purpose of loan account and the entire stock of business of the complainant was hypothecated with the Punjab National Bank, Gopinathpur Branch at Gopinagar, Hooghly.
In order to secure the stock of business of the complainant, Punjab Nantional Bank authority took a Burglary Standard Policy under Policy No. 311702/48/2011/180 from 11.05.2010 to 10.05.2011 issued by Branch Office Chinsurah of Oriental Insurance Co. Ltd. for the business under name and style M/s. Satya Narayan Gunny Bags Industries and the insured value was Rs. 13,38,000/- for stock and Rs. 62,000/- for plaint and machineries and the yearly premium of Rs. 6,177/- was debited from the account of the complainant by the op no.1, i.e. Punjab National Bank, Chinsurah.
It is alleged in the complaint that subsequently without the knowledge of the complainant, Punjab National Bank, Gopinathpur Branch at Gopinagar, Hooghly took a Standard Fire and Special Perils Policy under Policy No. 311702/112012/163 for the period from 06.07.2011 to 05.07.2012 issued by the Branch Office Chinsurah of Oriental Insurance Co. Ltd. for the business of the complainant and the insured value was Rs. 13,38,000/- for stock and Rs. 62,000/- for plaint and machineries and the yearly premium of Rs. 2,100/- was debited.
As per complaint on 16/17.02.2012 an incident of burglary occurred in the business/factory premises of the complainant and due to the said incident the total insured stock was stolen within the policy period and thereafter the occurrence of burglary was intimated to the local police station at Dhanikhali on 17.02.2012 and information was given to police station at Dhanikhali and initiated a case being G.R. No. 292/2012 u/s 461/379 of IPC in the Court of the Chief Judicial Magistrate, Hooghly and it was also intimated to Punjab National Bank, Gopinathpur Branch at Gopinagar, Hooghly and also to the Oriental Insurance Co. Ltd. Chinsurah Branch.
Complainant’s main allegation is that complainant issued several letters to the Bank Authority for settlement of the legitimate claim of the complainant and to waive the demand made by the Punjab National Bank, Gopinathpur Branch at Gopinagar, Hooghly. When the Gopinathpur Branch reported that the matter has been forwarded to district Circle Office, Burdwan for direct disposal. But same has not yet been settled. Though complainant made a claim of Rs. 5,15,137.50 paisa with op as the amount of loss of stock suffered by the complainant due to such burglary and all the business stocks of the complainant were hypothecated with the Punjab National Bank, Gopinathpur Branch at Gopinagar, Hooghly and as such the Bank was also the owner of the stock and thus it was the duty of the Bank to secure the stock from any loss. So anyhow Punjab National Bank, Gopinathpur Branch at Gopinagar, Hooghly cannot anyway deny their liability for reimbursement of that loss suffered by the complainant.
In fact Punjab National Bank, Gopinathpur Branch at Gopinagar, Hooghly forced the complainant for taking policy to insure the stock of business of the complainant and the amount was debited from the account of the complainant who is a service provider towards the complainant and bank is also the owner of the stock from any loss whatsoever if any laches, negligence or deficiency on the part of the Bank to protect the stock cannot be shifted and it is the case of the complainant that for the laches of the bank, the complainant did not get the said amount of insured claim because op Insurance Company in place of Burglary Standard Policy. But on the second auction purchase the Standard Fire Special Peril policy and for which for such sort of auction burglary occurred on 16/17.02.2012. Op Insurance Company denied the claim and it was for the fault of the op Bank.
After hearing the argument and also considering the written version, it is found that op has specifically mentioned that complainant special cash-credit loan account is lying with Punjab National Bank, Gopinathpur Branch at Gopinagar, Hooghly and it is being maintained at that Branch Office and same is within the territorial jurisdiction of Ld. DCDRF, Hooghly. But Punjab National Bank, Gopinathpur Branch at Gopinagar, Hooghly or additional Bank of Punjab National Bank are not at the same time Oriental Insurance Company Chinsurah Branch has not made a party and fact remains that the policy was issued by Oriental Insurance Co. Ltd. of Chinsurah, Hooghly, burglary was committed within Hooghly district under Dhanikhali Police Station. But they are not made parties and no portion of the cause of action arose within the jurisdiction of present op.
So, the Forum has no jurisdiction to decide the complaint due to jurisdictional error and cause of action. Considering the entire materials on record and further considering the fact that the complainant’s company M/s. Satya Narayan Gunnybag Industries is settled at Vill & P.O. – Kumrul under P.S.- Dhanikhali and burglary was committed within that jurisdiction. So, cause of action arose on that jurisdiction and that is within the district of Hooghly.
Another factor is that complainant’ cash credit loan account is lying with Punjab National Bank, Gopinathpur Branch at Gopinagar, Hooghly. If there is any fault on the part of that branch for not taking proper insurance policy, then cause of action arose within the jurisdiction of Hooghly and at the office of Punjab National Bank, Gopinathpur Branch at Gopinagar, Hooghly.
Truth is that additional office of Punjab National Bank, Gopinathpur Branch at Gopinagar, Hooghly is under the control additional office of Punjab National Bank, Burdwan. At the same time the insurance policy was issued by Oriental Insurance Co. Ltd, Chinsurah Branch so all the cause of action arose within the Hooghly district and no part of cause of action is within as per jurisdiction and fact remains that complainant has filed this complaint in proper jurisdiction that within Hooghly district and fact remains no part of cause of action arose within P.S. and for which we are convinced to hold that as per provision of Section 11 of C.P. Act cause of action arose within the Hooghly District and this Bank Branch is situated within Hooghly. So, the complaint ought to have been filed before DCDRF, Hooghly for admission and for which no cause of action has been assessed within that jurisdiction either within Hare Street police station. Then invariably this Forum has no jurisdiction to decide the same and considering that fact we are convinced to hold that the present complaint is barred for want of jurisdiction and this Forum has no jurisdiction to decide the same for which the complaint should be returned to the complainant for filing the same before the proper jurisdiction or complainant may file an appeal before the State Commission for transferring the entire record to DCDRF, Hooghly.
Hence, it is
ORDERED
That the complaint be and the same is not disposed of by this Forum on the ground that this Forum has no jurisdiction to decide the same for which the complaint is returned to the complainant for filing the same before the proper Forum or complainant may file for transferring the said case to the DCDRF, Hooghly for final disposal when the entire case is closed and jurisdiction area has been detected at the time of hearing.
