Today is fixed for order in regard to the petition dated 28.05.19 filed by the OP no 1 & 2 on the maintainability point.

Both the parties were heard. The Ld Advocate for the Ops submitted that the case is barred by territorial jurisdiction of this Forum in as much as the address of the Op no 1 is at Mumbai.

The Ld Advocate for the Ops submitted further that cause of action arose within the dist of Malda. This is, however not tenable. The insured met an accident at Malda on 11.6.2017 and the accident is the reason of insurance claim which may either be allowed or rejected. In Para 15 of the application, the complainant stated that the cause of action arose on 18.10.17, the day respondents issued letter to the complainant. This is not also tenable as the Ops by that letter sought from the complainant for some more papers to process the insurance claim and seeking papers for such purpose is not the cause of action.

Repudiation of insurance claim by the Ops would have been the cause action. But the complainant did not reply to that letter nor   could he produce any documentary proof in support of submitting those papers to the Ops, AS Such the question of arising any cause of action either at Malda or at Siliguri does not arise at all. The complainant however claims repudiation by the Ops but fails miserably to produce any documentary proof for such repudiation. for such repudiation.

So far as the Op no 2 is concerned, the Insurance policy (annex-3) bears, however, a round seal of the Siliguri Branch at page no.1 with the same signature at page 1 & 3. But the address of Op no.2 is at Sevoke Road, Third (Tin) miles, which falls within the territory of Jalpaiguri District. Hence the cause of action cannot be said to have arisen even partly within the territorial jurisdiction of this Forum.

Considered, The petition dated 28.5.19 filed by the Ops on the maintainability point is allowed and as such the instant complaint is ordered NOT to be proceeded further for want of territorial jurisdiction.