Delhi

New Delhi

CC/200/2021

Amit Kumar - Complainant(s)

Versus

M/S. The Oriental Insurance Company Ltd. - Opp.Party(s)

12 Oct 2021

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

(DISTT, NEW DELHI-VI), M, BLOCK, 1^ST FLOOR, VIKAS BHAWAN,

I.P. ESTATE, NEW DELHI 110002

 

Case No. CC/200/2021                                                 Dated:

In the mater of;

Shri Amit Kumar

S/o Shri Raje Ram

R/o 115, Khirki village,

Malviya Nagar, South Delhi,

Delhi-110017.                                                                  Complainant

Versus

1. The oriental Insurance Company Limited

Through its Director,

‘Oriental House’

A-25/27, Asaf Ali Road,

New Delhi 110002Opposite party-1

2. The Regional Manager,

Motor Claims

The oriental Insurance Company Limited

Regd. And Corporate office at

‘Oriental House’

A-25/27, Asaf Ali Road,

New Delhi-110002Opposite party-2

 

POONAM CHAUDHRY, PRESIDENT

ORDER

Heard through Video Conferencing

The Complainant has filed the present complaint against the opposite party (OP) under section 35 of the Consumer Protection Act. 2019, alleging deficiency in service, repudiation of the claim of the Complainant, Claiming sum of Rs. 7,50,000/- towards repair/damage of the vehicle of Complainant, Which met with fire accident Argument heard on point of admission of the complaint. It has been noticed that the address of OP-1, is Asaf Ali Road, New Delhi, the same does not fall within the territorial jurisdiction of this Commission, Section 34 of the Consumer Protection Act. 2019, which relates to jurisdiction of the District Commission provides as under:

34. Jurisdiction of District Commission.

1. Subject to the other provisions of this Act, the District Commission shall have jurisdiction to entertian complaints where the value of the goods or services paid as consideraton does not exceed one crore rupees:

 

Provided that where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit.

 

2. A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction,-

1. the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or
2. any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the District Commission is given; or
3. the cause of action, wholly or in part, arises; or
4. the complainant resides or personally works for gain.

In view of the above provision, we hold that this District Commission does not have territorial jurisdiction to entertain and adjudicate the persent Complaint.

Let the complaint be returned to the Complainant along with documents for presenting it before the District Commission having territorial jurisdiction to entertain and decide the same. Accordingly, the complaint be returned to the Ld. Counsel for Complainant along with documents/annexures and a copy of complaint and document/annexures be retained for record.

A copy of the order may be given to the Ld Counsel for Complainant dasti free of cost as statutorily required. The orders be uploaded on www.confonet.nic.in. file be consigned to record room.

Announced in open Commission on 12.10.2021

 

 

(POONAM CHAUDHRY)

PRESIDENT

 

 

                                    (BARIQ AHMAD)                                                  (ADARSH NAIN)

                                              MEMBER                                                              MEMBER