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RAJINDER PAL SINGH filed a consumer case on 11 Jan 2021 against MAX LIFE INSURANCE in the New Delhi Consumer Court. The case no is CC/203/2020 and the judgment uploaded on 13 Jan 2021.
CONSUMER DISPUTES REDRESSAL FORUM-VI
(DISTT. NEW DELHI),
‘M’ BLOCK, 1STFLOOR, VIKAS BHAWAN, I.P.ESTATE,
NEW DELHI-110001
Case No.CC.203/2020 Dated:
In the matter of:
Rajinder Pal Singh,
S/o Late Mr. Suraj Singh Bali,
R/o House No.177 Sec.B,
Sainik Colony, Jammu-180011.
……..COMPLAINANT
VERSUS
Max Life Insurance,
Branch Office:Max Life Insurance Co. Ltd. UGF,
Himalya House, Kasturba Gandhi Marg,
Connaught Place, New Delhi-01.
Registered office at:
419, Bhai Mohan Singh Nagar,
Railmajra,
Tehsil Balachaur Nawan,
Sehar, Punjab-144533.
….......OPPOSITE PARTY
ARUN KUMAR ARYA, PRESIDENT
ORDER
File taken up through Video Conferencing.
2. The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986, alleging deficiency in services and claiming a sum of Rs.1 crore besides other relief
3. Argument on the admissibility of the complaint on the point of territorial jurisdiction heard. It is submitted by the complainant that Branch office of OP is situated at Kasturba Gandhi Marg, New Delhi, within the territorial jurisdiction of this Commission, so this District Commission was competent to adjudicate the matter.
4. In the present case, Complainant is residing at Jammu and the policy was issued from the Gurugram, Haryana office of the OP Co which does not fall within the territorial jurisdiction of this Commission. Further, treatment was taken from the Holy Angel Hospital, Vasant Kunj, New Delhi and Guru Nanak Dev Netralaya, Jammu which also does not fall within the territorial jurisdiction of this Commission. Perusal of the file shows that the complainant has failed to place on record any document which proves that any cause of action or part of it arose from the office of the OP at Kasturba Gandhi Marg, New Delhi, hence, neither the OP nor the cause of action arose within the territorial jurisdiction of this District Forum.
5. We are, therefore, of the view that this Commission does not have the territorial jurisdiction to entertain the complaint for want of territorial jurisdiction in view of the judgment of Hon’ble Supreme Court decided on 20/10/2009 in Sonic Surgical versus National Insurance Co. Ltd Civil Appeal No. 1560 of 2004. The complaint is, therefore, directed to be returned to the complainant along with all annexure against acknowledgment. A copy of the complaint be retained for records. Complaint is accordingly, disposed off in above terms. The copy of the order be sent to complainant free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.
Pronounced in open Forum on 11/01/2021.
( ARUN KUMAR ARYA)
PRESIDENT
(DR. R.C. MEENA)
MEMBER
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