ORDER

SH. RAKESH KAPOOR, PRESIDENT

     The complainant is the registered owner of a car TATA Indigo
bearing registration no. DL –9CZ-3525.  He had purchased a policy of
insurance in respect of the aforesaid car from the OP. During the
subsistence of the said policy of insurance, on 17.2.2014.   This car
was forcibly taken away  from the custody of the driver of the
complainant namely Manoj Kumar.  An FIR was lodged . The police could
not trace out the vehicle and had lodged an untraced report.   The
claimant had lodged a claim for the loss which was repudiated by the
OP.   This has led the complainant to approach this forum with the
present complaint.

     The op has contested the complaint and has filed a written statement.

     The OP has taken a preliminary objection that this forum has no
territorial jurisdiction to  entertain and try this complaint.  It is
stated that the complainant had purchased the policy from its
Ghaziabad office and the theft of the insured vehicle had taken place
in the area of Gautam Budh Nagar (Noida).   It is claimed that no part
of cause of action had taken place with in the jurisdiction of this
forum and , therefore,  this forum cannot entertain and try the
present complaint.

 The OP has also claimed that the complainant was guilty of violation
of condition no. 4 of the policy terms and conditions .  It has
claimed that there was negligence  on the part of the complainant and
his driver who had left the car key in the ignition socket which had
led to the theft of the car.   It has claimed that there was absence
of reasonable care on the part of the insured to  safe guard the
insured vehicle.   The OP has contested the complaint on merits and
has reiterated  that the complaint is liable to be dismissed.

 We have heard arguments advanced at the bar and  have perused the record.

A perusal of the copy of the insurance policy placed on record by the
OP shows that the policy was purchased from the Noida office of the
Insurance company.  Admittedly, the theft of the insured vehicle had
also taken place within the jurisdiction of the NOIDA police.   We
have seen the rejoinder to the written statement filed by the
complainant wherein the complainant had not specifically denied the
aforesaid facts.     The complainant has failed to show that any part
of cause of action had taken place within the territorial jurisdiction
of this  forum. We are, therefore, inclined to hold that this forum
has not territorial jurisdiction to entertain and try the present
complaint.  The complaint is therefore ordered to be returned for
presentation to an appropriate forum of  competent jurisdiction.

     Copy of the order be made available to the parties as per rule.

  File be consigned to record room.

Announced in open sitting of the Forum on.....................