Karnataka

Mysore

CC/10/493

Shashidhar - Complainant(s)

Versus

Life Insurance Corporation of India - Opp.Party(s)

29 Jun 2010

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE
No.1542/F, Anikethana Road, C and D Block, J.C.S.T. Layout, Kuvempunagara, (Behind Jagadamba Petrol Bunk), Mysore-570009.
consumer case(CC) No. CC/10/493

Shashidhar
...........Appellant(s)

Vs.

Life Insurance Corporation of India
...........Respondent(s)


BEFORE:
1. Smt.Y.V.Uma Shenoi 2. Sri A.T.Munnoli3. Sri. Shivakumar.J.

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

29.06.2010 Stage: Orders . Order regarding territorial jurisdiction 1. The grievance of the complainant is that, opposite party has mentioned wrongly name of the complainant in the insurance policy. 2. In paragraph 8 of the complaint it is alleged that, cause of action arose at Mysore, where the proposal was signed, medical examination was done and policy was delivered and so also, opposite party has branches throughout India including at Mysore. 3. Admittedly, opposite party is outside the territorial jurisdiction of this Forum. 4. The fact that, the proposal form was signed or medical examination was conducted at Mysore or that, the policy was delivered at Mysore, will not give cause of action considering the deficiency alleged by the complainant. Mere signing the proposal form, there cannot be any conclusion of contract. Where, proposal is accepted, then only contract is concluded. In the case on hand, proposal of the complainant has been accepted by the opposite party outside the territorial jurisdiction of this Forum. 5. As regards, opposite party having branches throughout India including Mysore, it is not at all the case of the complainant that, cause of action for the complaint arose on account of deficiency in service on the part of the branch of the opposite party at Mysore. Hence, merely because, there is branch office of the LIC at Mysore, will not give cause of action, considering the facts alleged in the complaint. 6. Hence, we are of the opinion that, this Forum has no territorial jurisdiction to entertain and try the complaint. Accordingly, following order. ORDER The complaint is return to the complainant for presentation before the proper Forum.




......................Smt.Y.V.Uma Shenoi
......................Sri A.T.Munnoli
......................Sri. Shivakumar.J.