DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.
Complaint Case No : 40/2015
Date of Institution : 19.02.2015
Date of Decision : 12.08.2015
Charna Singh son of Mohinder Singh, resident of Guram, Tehsil and District Barnala.
…Complainant
Versus
1. Iffco Tokio General Insurance Company Ltd., Gali No. 6, Kacha College Road, Barnala through Manju Rani agent of Iffco Tokio General Insurance Company Ltd.
2. Iffco Tokio General Insurance Company Ltd., SC/1 Sheetal Complex Ground Floor, Rajbaha Road, District Patiala through Manager Iffco Tokio General Insurance Company Ltd., Patiala.
3. Iffco Tokio General Insurance Company Ltd., Regd. Office Iffco Sadan, C-1, District Centre Saket New Delhi through Manager Iffco Tokio General Insurance Company Ltd., New Delhi.
…Opposite Parties
Complaint Under Section 12 of Consumer Protection Act, 1986.
Present: Sh. RS Mehta counsel for complainant
Sh. Dhiraj Kumar counsel for opposite parties
Quorum.-
1. Shri S.K. Goel : President.
2. Sh. Karnail Singh : Member
3. Ms. Vandna Sidhu : Member
ORDER
(SHRI S.K. GOEL PRESIDENT):
Sh. Charna Singh son of Sh. Mohinder Singh (hereinafter referred as complainant) has filed the present complaint under Section 12 of the Consumer Protection Act (hereinafter referred as Act) against Iffco Tokio General Insurance Company Ltd. and others (hereinafter referred as opposite parties).
2. The facts emerging from the present complaint are that the complainant had purchased one truck bearing registration No. PB-13-N-4711 and got insurance from the opposite parties on 18.4.2013 which was valid up to 17.4.2014. It is further averred that the said truck was fit for carrier and he got a permit from the transport department for transporting the goods throughout India and the said certificate was valid from 16.4.2013 to 15.4.2014. The complainant had also obtained a permit for Punjab State for the Government of Punjab Motor Vehicle Department on 17.4.2013 valid up to 16.4.2018.
3. It is further pleaded that on 14.5.2013 complainant had gone to Rajasthan alongwith his truck No. PB-13-N-4711 to deliver goods and from there he again loaded his truck and moved towards Gujarat state to deliver goods at Morbi in Gujarat state. However on 19.5.2013 the complainant's driver Natha Singh was driving the truck and the complainant was sitting alongwith him. Suddenly when they crossed the bridge of Samkhiary then one truck bearing No. GJ-12-X-2387 was found standing in the middle of the road due to accident. The said truck was not visible due to the turn on the bridge. So the complainant's truck No. PB-13-N-4711 struck with the backside of truck No. GJ-12-X-2382. In this process the complainant's truck was damaged badly and he also suffered injuries. A case under Sections 279/337/338 IPC and 177/184 M.V. Act was got registered in police station, Maliya which falls in the Rajkot District of Gujarat state. FIR Number is 38/13 dated 19.5.2013.
4. It is further pleaded that on 27.1.2014 the complainant got an estimate for the repair of above said truck from B.K. Motor, Rajkot which is about Rs. 9,49,731/- which clearly shows that the said truck had been totally damaged and as per the cover note the complainant is entitled to receive Rs. 7,50,000/- from the opposite parties. It is further averred that the complainant approached the opposite parties many times but opposite parties did not release the claim of the complainant. So the present complaint is filed for compensation of Rs. 7,50,000/- with interest from the date of accident till realization alongwith Rs. 50,000/- for mental agony and harassment.
5. Upon notice of this complaint the opposite parties filed a joint written statement taking legal objections interalia on the ground of maintainability, no cause of action, no locus standi and suppressing the material facts. That the present complaint is pre mature and complainant has concocted a false story. Further, that the complainant is not a consumer and there is no deficiency in service and estoppal. On merits, they have admitted that the vehicle was insured for Rs. 7,50,000/-. It is further pleaded that the complainant did not supply some documents despite asking the same for many times and in these circumstances the opposite parties closed the claim file due to non compliance. The opposite parties further submitted that they never caused any mental torture, agony and inconvenience. They have denied the other allegations of the complainant and finally prayed for the dismissal of the complaint.
6. In order to prove his case, the complainant has tendered into evidence copy of RC Ex.C-1, copy of insurance cover note Ex.C-2, copy of National permit Ex.C-3, copy of Punjab Carrying Permit Ex.C-4, copy of medical treatment Ex.C-5 to Ex.C-8, copy of FIR in Gujrati Language Ex.C-9, copy of true translation in English of the FIR Ex.C-10, copy of Panchnama in Gujarati language Ex.C-11, copy of translation of Panchnama in English language Ex.C-12, copy of driving license Ex.C-13, copy of estimate for the repair Ex.C-14, affidavit of Charna Singh Ex.C-15 and closed the evidence.
7. To rebut the case of the complainant the opposite parties have tendered in evidence affidavit of Sanket Gupta Ex.OP-1, copy of letter dated 26.10.2013 Ex.OP-2, copy of scrutiny sheet Ex.OP-3, copy of final letter dated 31.7.2013 Ex.OP-4, copy of reminder letter dated 17.7.2013 Ex.OP-5, copy of request letter dated 21.6.2013 Ex.OP-6, copy of final survey report Ex.OP-7 and closed the evidence.
8. We have heard the learned counsel for the parties and have gone through all the record on the file carefully.
9. At the outset the learned counsel for the opposite parties has contended that this Forum at Barnala has no territorial jurisdiction. He further submitted that there is no registered office of opposite parties at Barnala and the office of the opposite parties is situated at Patiala and registered office at New Delhi. Moreover, no cause of action has been arisen at Barnala.
10. It is relevant to refer Section 11 of the Consumer Protection act, which reads 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 twently 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.
11. In the present case the complainant has sought compensation to the tune of Rs. 7,50,000/- due to the accident of his truck in Gujarat wherein the truck was badly damaged. In the affidavit filed by the opposite parties Ex.OP-1, the opposite parties have specifically taken the objection that this Forum has no jurisdiction to entertain and try the present complaint and further has stated that no cause of action has been arisen to the complainant to file the present complaint at Barnala. Perusal of the cover note placed on record Ex.C-2 shows the service office of Iffco Tokio General Insurance Company Ltd., 5C/1, Sheetal Complex, Ground Floor, Rajbaha Road, Patiala, Punjab 147001 India is situated at Patiala. Even the phone number mentioned in the above address shown as 0175-5013852 is also pertaining to Patiala. Further in the left corner of the cover note Ex.C-2 registered office has been shown as Iffco Tokio General Insurance Company Limited, Regd. Office: Iffco Sadan C1 District Centre, Saket, New Delhi-110017. There is nothing in the cover note which may show that it was issued at Barnala having its office at Barnala. Even no payment voucher/document has been placed on record to show that the premium has been paid at Barnala in the account of the Barnala office.
12. Apart from this the complainant has not placed on file any affidavit to show that the opposite party Iffco Tokio General Insurance Company Limited has the working office at Barnala. The complainant has not made any attempt to prove that the cover note/policy was issued by the Barnala office.
13. Even otherwise no cause of action has been arisen at Barnala as the accident took place in Gujarat and FIR was also registered in Gujarat. It was laid down by the Hon'ble Apex Court of India in case titled Sonic Surgical Vs National Insurance Company Ltd. reported in 2010 (1) CLT 252 that when the insurance policy was taken at Ambala and the claim for compensation was also made at Ambala and since no cause of action arose at Chandigarh, the State Consumer Redressal Commission, Chandigarh, has no territorial jurisdiction and State Consumer Redressal Commission, Haryana alone will have jurisdiction to entertain the complaint. The Hon'ble Apex Court further observed that Expression 'branch office' is amended Section 17(2)(b) would mean the branch office where the cause of action has arisen.
14. As the result of the above discussion, we are of the opinion that complainant has miserably failed to prove the territorial jurisdiction of this Forum. Therefore, present complaint is dismissed for want of territorial jurisdiction. However, the complainant is at liberty to file a fresh complaint in the competent Forum, if so desired as per law. There is no order as to costs or compensation. Copy of this order be supplied to the parties free of costs. The file after its due completion be consigned to the records.
ANNOUNCED IN THE OPEN FORUM:
12th Day of August 2015
(S.K. Goel)
President
(Karnail Singh)
Member
(Vandana Sidhu)
Member
