Delhi

New Delhi

CC/633/2010

New United Freight Carriers - Complainant(s)

Versus

M/S. Royal Sundaram Alliance Insurance Company Ltd. - Opp.Party(s)

29 Apr 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/633/10                                                                                                                                                                                Dated:

In the matter of:

M/s. New United Freight Carriers,

Through: its proprietor Sh. Ravi Yadav,

A-1/16, Rawal Pindi Garden,

Opp. Telephone Exchange,

U.P Border, P.O: Chikamberpur, Ghaziabad-201006

……..COMPLAINANT

       

VERSUS

M/s. Royal Sundaram Alliance Insurance Co. Ltd.,

Through the Branch Manager/Principal officer,

1505, 15th Floor, Amadeep Building,

K.G Marg, Connaught Place, New Delhi-110001

                         ………. OPPOSITE PARTY

 

ORDER

President: C.K Chaturvedi

 

        The complaint of deficiency alleged on the part of OP insurance company relates to repudiation of theft claim of vehicle no.HR56-7282 insured with OP. The said vehicle was stolen on 11.02.09 from Gurgaon. He informed insurance company on 18.02.09, and informed local police. The OP repudiated the claim stating that there was breach of policy condition 1, as theft was not informed immediately. Therefore this complaint.

The OP in reply has taken preliminary objection on territorial jurisdiction of the Forum. It is alleged that Complainant Company is located in U.P. The theft occurred in Gurgaon, and the policy was issued from Chennai. It is stated that no part of cause of action is at Delhi.

        We have perused the policy, which is issued from head office of OP at Chennai. It is falsely alleged by complainant that policy was issued from Delhi. The concerned branch office of OP where cause of action arose provides the jurisdiction of Forum. If this principle is ignored, all the cases across India, can be filed in Delhi Forum, as all insurance company have main and regional offices in Delhi. The Hon’ble Supreme Court in the case of Sonic Surgical has explained the meaning of “Branch Office” as where the cause of action arises. If cause of action is repudiation than also Chennai Forum will have jurisdiction.

        In the light of above discussion, we hold that this Forum has no territorial jurisdiction. The Complaint is held not maintainable in Delhi and complainant is given liberty to approach appropriate Forum for relied.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

Pronounced in open Court on 29.04.2015.

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER