Per Shri P.N.Kashalkar, Hon'ble Presiding Judicial Member:- Draft-A.No.454/2010- KL (K) 04/10/2010 This appeal is filed against judgment and award passed in original complaint no.361/2009 by District Consumer Redressal Forum, Nashik (Forum below in short) on 08/04/2010, whereby the original complaint came to be dismissed. The facts to the extent material may be stated as under: The complainant had taken insurance cover for the period from 06/07/2008 to 05/07/2009 for his car bearing no. MH-15-BX-2006 by paying necessary premium. The complainant was using the said vehicle for his personal use. He had engaged one Mr.Santosh Lahange as driver on the said vehicle. Mr.S.Lahange was having valid driving license to drive the motor vehicle for the period from 18/10/2001 to 19/12/2010. Said vehicle met with an accident on 24/01/2009 at Kolhar-Talegaon road. Intimation of said accident was given to the concerned police station and police has registered an offence against the truck, who had given dash to the vehicle of complainant. An intimation was also given to the insurance company by the complainant. The surveyor was appointed, he surveyed the vehicle and recommended that for repairs an amount of `68,200/- would be required and it should be paid to the complainant. The insurance company repudiated the claim even after paying the premium amount. Hence, the complainant sent a registered notice through his advocate and despite the notice given, no action was taken by the insurance company and therefore, he filed consumer complaint for getting an amount of `68,200/- and also claimed interest thereon and `20,000/- towards mental harassment. Opp.party was duly served with the notice. Opp.party did not file written statement. On the ground that accident had taken place in Ahmednagar District and that the complainant had impleaded head office of the insurance company in the consumer complaint as opponent, the complaint came to be dismissed. Aggrieved by the dismissal of the complaint, the complainant himself had filed this appeal. We heard Adv.Mr.Vishal Tambat for appellant and Adv.Mr.N.Mehta for respondent. Counsel for the appellant files vakalatnama- taken on record. We are finding that the order of the Forum below is wrong and not sustainable in law. The complainant is a resident of Nashik and he had purchased insurance policy from the office of insurance company situated at Nashik itself. The policy was issued by M/s. Automotive Mfg. Pvt. Ltd., Nashik, who appears to be an agent of respondent/insurance company. So, contract of insurance had taken place at Nashik and premium was also paid at Nashik office from time to time. The mere fact that vehicle met with an accident at Ahmednagar District does not mean that insurance claim was entertainable by District Consumer Redressal Forum, Nashik. The order ipso facto is bad in law. What is pertinent to note is the fact that the District Consumer Redressal Forum overlooked the fact that the insurance company had not filed any written statement and has not raised any point of territorial jurisdiction while deciding the matter. In the circumstances, Ld.Counsel for the appellant and respondent, both requested for remand of matter to the District Consumer Redressal Forum for fresh trial and respondent insisted that after filing their written statement, award may be passed. The Counsel for the appellant also sought to amend the complaint by impleading the local branch office of respondent/insurance company as opponent in the original complaint. Hence, we pass the following order:- :-ORDER-: 1. Appeal is allowed. 2. Impugned dismissal order dated 08/04/2010 passed in consumer complaint no.361/2009 by the Forum below is hereby quashed and set aside. 3. Complaint is remanded back to the District Consumer Redressal Forum, Nashik for fresh trial in accordance with the law. 4. The respondent/insurance company is hereby permitted to file written statement and documents if any on very first date of appearance before the Forum below. The complainant shall move an application for amendment for impelading the local branch office of insurance company as opposite party. 5. Both the parties are directed to appear before the Forum below on 08/12/2010. 6. No order as to costs. 7. Copies of the order herein be furnished to the parties as per rules. | 
