BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.33 of 2015
DATE OF INSTITUTION: - 10.12.2015
DATE OF ORDER: -29.03.2016
Bhagwan Dass son of Sh. Tulsi Ram, resident of village Patwan, Tehsil Behal, District Bhiwani.
……………Complainant.
VERSUS
Magma HDI General Insurance Company Ltd. Registered Office at 24, Park Street, Kolkata, through its Manager at Magma HDI General Insurance Company Ltd. 167/18 2nd Floor, Sadar Bazar, near Ambala Club, Ambala (Haryana).
………….. Opposite Parties.
COMPLAINT U/S 12 OF CONSUMER PROECTION ACT
BEFORE :- Shri Rajesh Jindal, President
Smt. Ansuya Bishnoi, Member
Present: - Shri B.S. Boora, Advocate for complainant.
ORDER:-
Rajesh Jindal, President:
The brief facts of the case are that the complainant had filed the complaint against the opposite party Magma HDI General Insurance Company Ltd. having its registered office at Kolkata through its Manager at the office near Ambala Club, Ambala for the claim of the compensation on account of loss caused to the vehicle of the complainant in a road accident. Heard, at the admission stage. The complainant has not mentioned the place of accident in his complaint. During the course of arguments, the counsel for the complainant produced a rapat which is a carbon copy written in Punjabi language and told that the accident was happened in the area of Punjab State.
2. We have perused the documents filed by the complainant alongwith complaint. The registered notice has been issued on behalf of the complainant to the opposite party at its Ambala office. Admittedly the opposite party has no branch office within the territorial jurisdiction of this District Forum. According to the provisions of Section 11 (2) of the Consumer Protection Act “a complaint can be instituted in a District Forum where the opposite party carries on business or has a branch office or the cause of action arises. In this case neither the opposite party has any branch office within the territorial jurisdiction of this District Forum nor any part of cause of action arisen within the territorial jurisdiction of this District Forum. In view of the facts, stated hereinabove, and the law laid down by Hon’ble Supreme Court of India in case of Sonic Surgical Versus National Insurance Company Ltd. 2010 (1) RCR Civil 1 the complaint of the complainant is dismissed for want of territorial jurisdiction. The complainant shall be at liberty to take recourse in competent Forum/Court as per provisions of law, if so advised. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 29.03.2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi)
Member.
