Delhi

New Delhi

CC/46/2021

Prashant Sagar Yadav - Complainant(s)

Versus

M/S. United India Insurance Company Ltd. - Opp.Party(s)

08 Mar 2021

ORDER

 

 

PRASHANT SAGAR YADAV VS. UNITED INDIA INSURANCE COMPANY & ORS.

 

Date-08/03/2021                                                                               CC- 46/2021

Case is taken through Video Conferencing.

Present:-

Adv. Mr.Rajesh Kaushik, Counsel for Complainant.

During the course of the admission it is transpired that the case pertains to Patiala House Court, New Delhi 110001, office of the Complainant, hence, the same does not fall under territorial jurisdiction of this Commission.

Adv. Mr. Rajesh Kaushik, counsel for complainant wants to withdraw the present complaint on the ground of territorial jurisdiction with liberty to file the same as per law. Heard. Allowed.

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.

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 with the liberty to file it before the appropriate Commission in accordance with law. A copy of the complaint be retained for records. Complaint is accordingly, dismissed as withdrawn in above terms. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

 

           

 

                                              (ARUN KUMAR ARYA)

                                                        PRESIDENT

 

 

 

                                                 (Dr. R.C. MEENA)

                                                         MEMBER