Heard learned counsel for the complainant. He submits that he has paid the premium for Rs.24,101/- but the sum assured is of Rs.1,00,00,000/-. He submitted that he has asked for total amount of Rs.1,01,50,000/-. Further he submitted that he has already filed the consumer complaint before the learned District Commission, Bargarh but they observed that due to pecuniary jurisdiction the complaint is not maintainable. According to the order passed by the learned District Commission, Bargarh they have filed the complaint case here. But during time of admission he conceded that as per Section-47 (1)(a) of the C.P.Act,2019, for the purpose of the pecuniary jurisdiction, the amount payment made for the value of goods or service has to be computed and accordingly he submitted to pass appropriate order.
2. Considered the submission of learned counsel for the complainant. Perused the complaint and the impugned order passed by the learned District Commission, Bargarh. Section 34(1) of the C.P. Act, 2019 which is as follows:-
“Subject to the other provision of the Act, the District Commission shall have jurisdiction to entertain complaints where the value of goods or services paid as consideration does not exceed fifty lakh rupees.”
Section-47(1)(a) (i) of the C.P.Act,2019 is as follows:-
“To entertain Complaints where the value of the goods or services paid as consideration, exceeds fifty lakh but does not exceed two crore rupees.
3. In view of aforesaid provision, the pecuniary jurisdiction would be decided as per the value of goods or services paid. In the instant case the complainant admittedly paid Rs.24,101/- as premium for the sum assured of Rs.1,00,00,000/-. So, it was rightly filed before the learned District Commission, Bargarh. We, therefore hereby direct learned counsel for the complainant to file the complaint before the learned District Commission, Bargarh within 21 days who will consider same without raising issue on the point of this pecuniary jurisdiction. Return the complaint with Anenxures filed before the State Commission at once to file same before the learned District Commission, Bargarh within the stipulated period.
The Complaint case is disposed of accordingly.
Free copy of the order be supplied to the respective parties or they may download same from the Confonet or Website of this Commission to treat same as copy of order received from this Commission.