Delhi

New Delhi

CC/152/2012

Shubham Chemicals & Solvents Ltd. - Complainant(s)

Versus

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

28 Nov 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

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

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.152/2012                                      Dated:

In the matter of:

M/s Shubham Chemical  & Solvents Ltd.,

Through its Managing Director,

Sh. Ajay Kapoor,

Regd. Office:- 1/26,

Roop Nagar, Delhi-07.

                          

                                                                  ……..COMPLAINANT

VERSUS

1. The Oriental Insurance Co. Ltd.,

Through the  Manager,

Service Centre,

Oriental Insurance Co. Ltd.,

Ajad Bhawan, Jhandewalan Ext.,

New Delhi-55.

 

2. Sr. Divisional Manager,

O/C DO-XI,

16/20, wea, ff, Near Shastri Park,

Padam Singh Road,

Karol Bagh, New Delhi-05.

 

3.  Regional Manager,

Delhi Regional Office,

          9^th  Floor, Jeevan Bharti Building,

           124, Connaught Place,

New Delhi-110001.

 

                                                                ………. Opposite Parties

NIPUR CHANDNA, MEMBER

ORDER

-

The complainant has filed the present complaint against the OP. The gist of the complaint is  that the  complainant purchased a marine cargo(open policy) No.211200/21/2010/14 for Rs.10 crores w.e.f. 13.4.2009 to 12.4.2010 by paying a premium of Rs.71,307 to the OPs, in response, the OPs issued only a policy schedule covering the perils risk.

 

2.    One consignment containing 15099 kg. Pure phenol valuing at Rs.12,27,588.70p was loaded at Cochin vide invoice No.104682 dt. 16.12.2009 vide truck No. NH06AC/8704 LR NO.6095 on 16.12.2009.  The vehicle in question in which the consignment was loaded met with an accident near village Chatura on 22.12.2009.  The  FIR was lodged on 26.12.2009 at 11.00 a.m. in the concerned PS but it did not listen to the plea of the driver.     The intimation about the acceded was given to the OPs, who appointed the surveyor.  The surveyor filed his survey report on 10.2.2010.  Thereafter, the complainant and his representative visited the OPs for seeking settlement of claim but they did not give any satisfacotyr reply.  After waiting a long period, the complainant received a letter  No. nil dt. 22.3.2011 vide which its claim was repudiated on the ground that “REPUDIATING ALL LIABILITY” under the policy on flimsy, fabricated and illegal grounds which are not sustainable in the eyes of law.  Repudiating the claim of the complainant on flimsy grounds, amounts to deficiency of services on the part of OPs, complainant, therefore, approached this Forum for redressal of his grievance.

 

3.    Complaint has been contested by the OPs jointly.  Counsel for OPs strongly challenged the territorial jurisdiction, hence, need to be decided first.

 

4.     It is submitted by the counsel for OPs that  policy was issued from the Karol Bagh Office, Delhi of OP which does not fall within the territorial jurisdiction of this Forum.  The cause of action i.e. the repudiation of the claim by the OP is also from the Karol Bagh, Delhi office of OP Co. which also does not fall within the territorial jurisdiction of this Forum. Perusal of the file shows that the complainant has failed to place on record any documents which proves that any cause of action or part of it arose from the office of the OPs at Connaght Place, New Delhi, hence, neither the OP nor the cause of action arose within the  territorial jurisdiction of this District Forum.

 

5.     On the issue of territorial jurisdiction, we are guided by the Hon’ble National Commission in Revision Petition bearing No.575/18 was filed by the petitioner Sh. Prem Joshi against order of Hon’ble State Commission dated 1.11.2017 titled as Prem Joshi Vs. Jurasik Park Inn, in which the Hon’ble National Commission held as under on 1/3/2018:-

“In terms of Section 11 of the Consumer Protection Act, a complaint can be instituted inter-alia in a District Forum within the local limits of whose jurisdiction the cause of action only or in part arises.  The case of the complainant is that the ticket for visiting the amusement park was purchased by him online in his office in Karol Bagh and it is the District Forum at Tis Hazari has territorial jurisdiction over the mattes in which cause of action arises in Karol Bagh.  The cause of action is bundle of facts which a person will have to prove in order to succeed in the Lis.  Therefore, in order to succeed in the consumer complaint, the complainant will necessarily have to prove the purchase of the ticket in entering amusement park situated at Sonepat.  Since the tickets was allegedly purchased at the office of the complainant situated in Karol Bagh, the Distict Forum having territorial jurisdiction over Karol Bagh area would have the requisite jurisdiction to entertain the consumer complaint”.

 

6.     The complainant has placed on record, the copy of policy documents which clearly shows that the policy was issued from  the Karol Bagh, Delhi Office of the OP Co.  So, the District Forum having Territorial Jurisdiction over Janakpuri, New Delhi would have the requisite jurisdiction to entertain the present complaint.  

7.     In the light of the judgment of Hon’ble National Commission titled as Prem Joshi Vs. Jurasik Part Inn in Revision Petition No.575/18 and the legal position discussed above,  we hold that this District Forum has no 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 Forum in accordance with law.

Copy  of   the order may  be  forwarded  to  the  complainant  free of

cost as statutorily required. The orders be uploaded on www.confonet.nic.in. File be consigned to Record Room.

 

Announced in open Forum on 28/11/2019.

 

(ARUN KUMAR ARYA)

          PRESIDENT

(NIPUR CHANDNA)                                                  (H M VYAS)

       MEMBER                                                                MEMBER