STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

First Appeal No  :            356 of 2015

Date of Institution:           17.04.2015

Date of Decision :            12.05.2015

M/s SBS Biotech situated at 15/3, Kuldeep Nagar, Nanhera Road, Ambala Cantt through its General Power of Attorney Sh. Anil Kumar Soni son of Sh. Gian Chand, resident of VPO Bara, Tehsil and District Ambala.

                                      Appellant-Complainant

Versus

1.      ICICI Lombard General Insurance Company Limited, 401 and 402, 4^th Floor, Interface, 11, New linking Road, Malad (West), Mumbai - 400064.

2.      ICICI Lombard General Insurance Company, Opposite Municipal Corporation, Ambala Cantt.

                                      Respondents-Opposite Parties

CORAM:             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.

Present:               Ms. Kusum Verma, Advocate for appellant.

                                                              O R D E R

B.M. Bedi, Judicial Member

This appeal has been preferred against the order dated March 02^nd, 2015 passed by District Consumer Disputes Redressal Forum (for short District Forum), Ambala.

2.      M/s SBS Biotech-complainant (appellant herein) filed complaint with the allegations that vehicle bearing registration No.HR37C-8179 owned by it met with an accident on 30.05.2014 in the area of Shahzadpur.  The vehicle was insured with the respondents-opposite parties.  The complainant lodged claim with the respondents, which was repudiated. The complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum, Ambala. The complaint was dismissed at the admission stage observing that the District Forum at Ambala had no territorial jurisdiction.    

3.      The issue for consideration before this Commission is as to whether the District Forum, Ambala has territorial jurisdiction to entertain the complaint or not?

4.      Section 11 of the Consumer Protection Act is 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) XXXXXXXXXXX

     (b) XXXXXXXXXXX

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

5.      Indisputably, the accident took place in the area of Shahzadpur which falls within territorial jurisdiction of Ambala. Thus, as per Section 11(2)(c), certainly cause of action arose in the area of District Ambala. Consequently, the District Forum, Ambala has got jurisdiction to entertain the complaint and as such it fell in error in dismissing the complaint.

6.      In view of the above, the appeal is accepted, the impugned order is set aside and the case is remitted to the District Forum, Ambala to decide it afresh in accordance with law.

7.      The petitioner is directed to appear before the District Forum, Ambala on 01.07.2015.

8.      Copy of this order be sent to the District Forum.

UK