Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member: Respondent is already served. Respondent is absent. (1) Application has been filed by the Appellant to permit him to amend the complaint and add I.C.I.C.I. Lombard General Insurance Co. Ltd., Branch Office, Nashik as Opponent No.2. Amendment is appearing to be necessary for the just decision of the case and therefore, we allow the amendment. (2) This appeal has been filed by the Complainant himself whose complaint came to be dismissed by the District Forum not on merit, but, only on the ground that the District Forum, Nashik had no jurisdiction to entertain and try the present complaint. Since the District Forum noted in its impugned judgement that Complainant had filed complaint against I.C.I.C.I. Lombard General Insurance Co.Ltd., Mumbai Office as Opponent and since complaint was filed in District Forum, Nashik, the District Forum was pleased to hold that it had no territorial jurisdiction to entertain and try the said complaint and as such the District Forum by its order dated 11.05.2009 passed in Consumer Complaint No.167/2008 was pleased to dismiss the complaint. Aggrieved by the said dismissal, this appeal has been filed by the Complainant. (3) We heard Advocate Mr.Lahoti for the Appellant. None is present for the Respondent – I.C.I.C.I. Lombard General Insurance Co. Ltd., though duly served. I.C.I.C.I. Lombard General Insurance Co. Ltd., Nashik Branch Office is also duly served. Both of them are absent today. Advocate Mr.Baliram Kamble was appearing for original Respondent. We have today allowed the amendment of complaint and permitted the appellant to amend the complaint and to add I.C.I.C.I. Lombard General Insurance Co. Ltd., Nashik Branch Office in the complaint. In the circumstances, for appropriate trial we quash and set aside the order passed by the District Forum of dismissal of complaint and remit the complaint back to the District Forum, Nashik for fresh disposal of the complaint. The District Forum, Nashik shall permit the Complainant after remand to amend the complaint as amendment application has been allowed today itself and add I.C.I.C.I. Lombard General Insurance Co. Ltd., Nashik Branch Office as Opponent No.2 and thereafter the District Forum shall dispose of the complaint on merit. Hence, we pass the following order: O R D E R (i) Appeal is allowed. (ii) Amendment application filed by the Appellant seeking amendment of complaint for adding Opponent No.2 – I.C.I.C.I. Lombard General Insurance Co. Ltd, Nashik Branch Office, is allowed. (iii) The order passed in Consumer Complaint No.126/2008 on 11/05/2009 is quashed and set aside. (iv) The Complaint No.126/2008 is remitted back to District Forum, Nashik with a direction to the District Forum to allow the Complainant and to implead I.C.I.C.I. Lombard General Insurance Co. Ltd, Nashik Branch Office as Opponent No.2 and then after giving due opportunity to both the parties the District forum shall dispose of the complaint as far as possible within 90 days from the date of receipt of the order. (v) Both the parties are directed to appear before the District Forum, Nahsik on 2nd May, 2011. Pronounced on 14th March, 2011. | 
