Delhi

New Delhi

CC/152/2020

Rajender Kumar - Complainant(s)

Versus

M/S. ICICI Lombard Insurance Co.Ltd. - Opp.Party(s)

01 Feb 2021

ORDER

 

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION (DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC./152/2020                                                    Dated:

 

In the matter of:

SH. RAJENDER KUMAR

S/O. SH. BHANWAR LAL

R/O. G-2/22, MADANGIR

NEW DELHI-110062                            ……..COMPLAINANT

 

VERSUS

M/S ICICI LOMBARD GENERAL INSURANCE CO. LTD.

4^TH FLOOR, PARSAVNATH CAPITAL TOWER,

BHAI VEER SINGH MARG,

New Delhi-110001                           ………. OPPOSITE PARTIES

 

ARUN KUMAR ARYA, PRESIDENT

 

ORDER

File taken up through Video Conferencing

The Complainant has filed the present complaint against the OP  under section 12 of Consumer protection Act, 1986, alleging deficiency in service and claiming a sum of Rs. 2,27,860/- beside other relief.

Argument on the admissibility of the complaint on the point of territorial jurisdiction heard. It is submitted by the Complainant that office of OP is situated at New Delhi 110001, within the territorial jurisdiction of this Commission, so, this Commission is competent to adjudicate the matter.

The perusal of the file shows that the Complainant has failed to place on record any document which shows that the cause of action occurred at the office of the OP at Bhai Veer Singh Marg, New  Delhi.

In the present case, complainant is residing at Madangir, Delhi 110062 and the loan was issued from Bhai Veer Singh Marg, New Delhi, of the OP company which 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 Bhai Veer Singh Marg, New Delhi, neither the op nor the cause of action arose within the territorial jurisdiction of this District Commission.

On the issue of territorial jurisdiction, we are guided by the Hon’ble Apex court in the case of Sonic Surgical where in the following order where passed. In Sonic Surgical versus National Insurance Co. Ltd Civil Appeal No. 1560 of 2004 decided by Hon’ble Supreme Court on 20/10/2009, the Hon’ble Supreme Court passed the following orders:-

“Ld. Counsel for the appellant submitted that the respondent-insurance company has a branch office at Chandigarh and hence under the amended Section 17 (2) t he complaint could have been filed in Chandigarh.  We regret, we cannot agree with the Ld.Counsel for the appellant. In our opinion, an interpretation has to be given to the amended Section 17(2) (b) of the Act, which does not lead to an absurd consequence.  If the contention of the Ld.Counsel for the appellant is accepted, it will mean that even if a cause of action has arisen in Ambala, then too the complainant can file a claim petition even in Tamil Nadu or Gauhati or anywhere in India where a branch office of the insurance company is situated.  We cannot agree with this contention.  It will lead to absurd consequences and lead to bench hunting.  In our opinion, the expression ‘branch office’ in the amended Section 17(2) would mean the branch office where the cause of action has arisen.  No doubt this would be departing from the plain and literal words of Section 17(2) (b) of the Act but such departure is sometimes necessary (as it is in this case) to avoid absurdity.  [vide G.P.Singh’s Principles of Statutory Interpretation, Ninth Edition, 2004 P. 79]

 

In the present case, since the cause of action arose at Ambala, the State Consumer Redressal Commission, Haryana alone will have jurisdiction to entertain the complaint.”

 

In the light of the judgement cited above and the legal position discussed, we hold that this District Commission has not territorial jurisdiction to entertain and adjudicate the present complaint. Let the complaint be returned to the Complainant along with documents for presenting before the appropriate Commission in accordance with law. 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 01^st February 2021.

 

 

 

(ARUN KUMAR ARYA)

PRESIDENT

 

 

(R.C. MEENA)

   MEMBER