ORDER
Per SH. RAKESH KAPOOR, PRESIDENT


An application for dismisaal of the complaint U/s 17 read with
Section 11 & 26  of the Consumer Protection Act has been filed by the
OP.  The OP has stated that the complaint is liable to be dismissed as
the forum has no territorial jurisdiction to  entertain and try this
complaint.  It has been averred by the OP that the vehicle in question
is registered at Noida.  It was stolen from Indirapuram (Ghaziabad )
and the insurance policy had been purchased from  the branch office of
the company at Noida.  It is stated that no cause of action has arisen
within the  jurisidciton of this forum and therefore this forum is not
competent to entertain and try this complaint.
The complainant has opposed the application and has claimed that the
same is false and frivolous.  The complainant has stated that this
forum has jurisdiction to entertain this complaint as all
correspondence  had been exchanged with the Delhi office Jhandewalan
Branch.
We have heard arguments advanced at the bar and have perused the
record.  Admittedly, the insurance policy was purchased by the
complainant from Noida office of the OP Insurance Company.  The
vehicle had been stolen from Indirapuram (Ghaziabad).  Therefore, no
cause of action had been place within the jurisdiction of this forum.
This forum has, therefore, no jurisdiction to entertain and try this
complaint.
A similar view was taken by the Hon’ble Supreme court in Case “Sonic
Surgical V/s National Insurance Company Ltd (2010) I SCC 135.
Accordingly, we hold that the present complaint  is not maintainable
in this forum and as ordered to be returned  for  presentation before
a competent forum.
Copy of the order be made available to the parties as per rule.  File
be consigned to record room.
Announced in open sitting of the Forum on.....................