A. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION : ATHYDERABAD

F.A.No. 340 OF 2008 AGAINST C.C.NO.355 OF 2007 ON THE FILE OF  HYDERABAD

Between :

Mrs. Shamsah Arif Panjwani

W/o Late Arif Sherali Panjwani

Aged about 36 years, Occ: House wife Flat No. 302

Green Gates, 1-8-201/205, Pendraghast road

Secunderabad – 500 003                           

And

The New India Assurance Co. Ltd

Divisional Office

EMCA House, 1^st289,Shaheed Bhagat Singh Road

Fort, Mumbai – 400 001                             

Counsel for the Appellant    

Counsel for the Respondent 

QUORUM:   SRI SYED ABDULLAH, HON’BLE MEMBER

&

SRI R.LAKSHMINARSIMHA RAO, HON’BLE MEMBER

Monday. The Seventh Day of June, Two Thousand Ten

Oral Order ( As per Sri Syed Abduallah, Hon’ble Member)

The appellant is the complainant in C.C. 355/2007      

The facts of the case disclose that                  Subsequently, a reminder was also sent which was acknowledged by the opposite party.        

The opposite party filed its counter denying any deficiency in service on its part     mentioned in the complaint    Further, Mumbai office only is made as party. As the transaction took place in between the Mumbai office and the opposite party, the District Forum has no territorial jurisdiction to entertain the dispute. Proof of acceptance as part             

During the enquiry, along with the evidence affidavit, the complainant filed Ex. A1 to A25 but the Opposite party has not filed any documentary evidence on its side.

The District Forum, after going through the evidence on record, had come to the conclusion that there is no cause of action to entertain the complaint since the opposite party is situate at Mumbai and the entire correspondence was made with  

Point for consideration is, whether the impugned order suffers from any factual or legal infirmity for its interference ?

The District Forum has dismissed the complaint on the ground that the cause of action has not arisen within the jurisdiction of the District Forum II, Hyderabad               

 The Opposite party – New India Assurance Company Ltd has been transacting business from      Hyderabad.           assuring that                               When the opposite party Hyderabad,  

There is an inadvertent delay        was sent through cheque which             

In the result,