District Consumer Disputes Redressal Forum-I, U.T., Chandigarh

CC/217/2020

BEFORE:

            RATTAN SINGH THAKUR, PRESIDENT

            SURJEET KAUR, MEMBER

            SURESH KUMAR SARDANA, MEMBER

ARGUED BY :

Sh. Vikas Kumar Dhariwal, Counsel for complainant

Dated : 17^th July, 2020     

ORDER

1.     Heard.
2.         The present consumer complaint filed to the effect, vehicle bearing registration No.HR-40F-4159 was got registered by the complainant on 15.9.2017 and it had met with accident on 2.8.2018 while coming from Ratia to Hisar near Mochi Road and had suffered damage.   The vehicle was insured with the OPs .  It was got repaired and an amount of Rs.3,38,448/- was paid.  However, the claim was not processed by the OPs/insurer. 
3.         The complainant is a resident of District Jind, Haryana where there is a separate and independent District Consumer Forum.  The accident had taken place near Mochi road which falls in Ratia i.e. Hisar.  There is also a separate District Consumer Forum at Hisar.  The policy was taken from the office of OP-1 at Mumbai and the present consumer complaint has been preferred at Chandigarh simply on the ground OP-1 has also a branch office at Chandigarh, though neither the cause of action has arisen at Chandigarh nor there is a branch office of OP-1 at Chandigarh where the cause of action has arisen.
4.         The complainant had earlier filed a separate consumer complaint before the District Consumer Forum at Jind which was returned with the remarks prefer it before the Consumer Forum having territorial jurisdiction in the matter.  In this regard, Section 11 of the Consumer Protection Act is relevant and the same is reproduced as under :-

                “11. Jurisdiction of the District Forum.—       (1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed does not exceed rupees twenty lakhs.

                (2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,—

                (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or [carries on business or has a branch office or] personally works for gain, or

                (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or [carries on business or has a branch office], or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or [carry on business or have a branch office], or personally work for gain, as the case may be, acquiesce in such institution; or

                (c) the cause of action, wholly or in part, arises.”

5.         Per this section, the consumer complaint is to be filed where the cause of action has arisen in part or whole or where the branch office of the OPs is located and it was held in case titled as Sonic Surgical Vs. National Insurance Company Ltd., IV (2009) CPJ 40 (SC) that branch office means where the cause of action has arisen which, in the present case, had arisen at Hisar.  Hence, the consumer complaint be either preferred before the District Forum Hisar or at Jind as the complainant is resident of District Jind, if he so wishes, as the new “The Consumer Protection Act, 2019” will come into force on 20th July 2020 as per the gazette notification published on 16th July, 2020 and under the said Act, per Section 34 (2)(d) a consumer complaint could also be preferred where complainant is either residing or personally works for gain.
6.         From the above material on record, we find it is not an admitable consumer complaint before this Forum.  The consumer complaint alongwith documents be returned to the complainant on retaining its photostat copy for its presentation by him before the appropriate Forum, if so advised. Ordered accordingly. 
7.         Certified copies of this order be sent to the complainant free of charge. The file be consigned.

Sd/-

Sd/-

Sd/-

17/07/2020

[Suresh Kumar Sardana]

[Surjeet Kaur]

[Rattan Singh Thakur]

Member

Member

President