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AAYUSH GUPTA filed a consumer case on 07 May 2019 against M/S. EXIDE LIFE INSURANCE COMPANY LIMITED. in the New Delhi Consumer Court. The case no is CC/102/2019 and the judgment uploaded on 09 May 2019.
CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI),
‘M’ BLOCK, 1STFLOOR, VIKAS BHAWAN,
I.P.ESTATE, NEW DELHI-110002.
Case No.CC.102/2019 Dated:
In the matter of:
Aayush Gupta,
S/o Pankaj Gupta
R/o-C3/5, First Floor, Rana Pratap Bagh,
Nanak Piao, Gurudwara, Delhi-110007
……..COMPLAINANT
VERSUS
EXIDE LIFE INSURANCE COMPANY LIMITED
No. 3/1, 3rd Floor, JP Techno Park,
Millers Road, Bangalore-560001 ……..OPPOSITE PARTY No. 1
EXIDE LIFE INSURANCE COMPANY LIMITED
Unit no. 407 to 412, Fourth Floor,
Kanchenjunga Building Barakhamba Road,
Near Barakhamba Metro Station Gate no. 3,
Connaught Place, New Delhi-110001
……..OPPOSITE PARTY No. 2
EXIDE LIFE INSURANCE COMPANY LIMITED
First Floor, Building No. 324, Ward no. 4,
A Sector, 3rd Cross, Next to Heritage Frersh,
Yelahanka New Town, Bangaluru, Karnataka-560064.
INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA
Gate no. 3, Jeevan Tara Building,
First Floor, Sansad Marg, New Delhi-110001.
ARUN KUMAR ARYA, PRESIDENT
ORDER
The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. Arguments on admission of complaint were heard. We have gone through the complaint as well as documents filed with it. The brief facts of the complaint are that Complainant had purchased one insurance policy vide policy no. 03556043 and paid an amount of Rs. 19,998/-. It is alleged that in the month of July 2017 complainant has received calls from OP-3 and was asked to pay the amount of Rs. 28,500/- as processing fee and the same amount shall be credited in complainant’s account within few days, as such complainant paid Rs. 28,500/- to OP-3, but the amount is not refunded to him till date. Again in the month of Augus, complainant received a call from OP-3 raising a demand of Rs. 15,572/- as processing fees with the assurance of refund, as such complainant paid Rs. 15,572/- to OP-3, but the amount is not refunded to him till date rather a new policy for the same amount was issued to him. In the month of January,2018 Complainant sent a request for cancellation of the polices, Initially through its e-mail, OP-1 accepted the cancellation request, but later on deny to cancel the policy and refund the amount. Complainant therefore approach this Forum for redressal of his grievance.
2. Argument on the admissibility of the complaint on the point of territorial jurisdiction heard. It was submitted by the complainant that office of one of the OP is situated at Connaught Place, New Delhi falling within the territorial jurisdiction of this Forum, so this Forum was competent to adjudicate the matter.
3. In the present case, the complainant has failed to place on record any document which shows that the policy as well as the cause of action if any arrived from the Connaught Place office of the OP Company.
4. We are, therefore, of the view that this Forum does not have the territorial jurisdiction to entertain the present complaint for want of territorial jurisdiction. 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.
Announced in open Forum on 07/05/2019.
(ARUN KUMAR ARYA)
PRESIDENT
(NIPUR CHANDNA) (H M VYAS)
MEMBER MEMBER
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