In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 432/2010
1) Bhubrighat Tea Co. Pvt. Ltd.
12-C, Lord Sinha Road, 6th Floor,
Kolkata-71, P.S. Shakespeare Sarani and
Garden situated at P.O. Bhubrighat,
T.O. Patherkandi, Dist. Karimgunj (Assam), Pin-788710. ---------- Complainant
---Versus---
1) National Insurance Co. Ltd.
Having its regd. and head office at
3, Middleton Street, Kolkata-71,
P.S. Shakespeare Sarani and its
policy issuing office at Karimganj Branch,
Station Road, Karimganj, Pin-788710. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 21 Dated 20/12/2012.
Sharmi Basu, Member.
The petition of complaint has been filed by the complainant Bhubrighat Tea Co. Pvt. Ltd. against the o.ps. National Insurance Co. Ltd. The case of the complainant in short is that the complainant has two insurance policies for the time period from 20.8.05 to 19.8.06 and from 20.8.04 to 19.8.06 with coverage of risk of motor, miscellaneous including Money Insurance Policy (Transit and Safe) and Infidelity Insurance of its employees. The policy was taken from the National Insurance Co. where o.p. is the regd. office of the National Insurance Co.
As per the complaint complainant had withdrawn an amount of Rs.4,65,000/- against cheque no.816953 on 30.5.07 from State Bank of India, Karimganj Branch for the payment of labour wages and staff salaries as in accordance with their routine work through one of their senior employee Shri
Girish Kumar Das, aged 55 years, a Sr. P. F. Clerk, Shri Sanju Dev, driver of garden gypsy car, Shri Puran Telnga, Helper and Shri Monoj Deb, Messenger. The messenger Shri Monoj Deb got down from the vehicle gypsy for some other official work on its way towards the bank and other three went to the bank for withdrawing the money from the bank.
Complainant received a phone call on 30.5.07 from Sr. employee Shri G.K. Das at about 3-15 p.m. saying that after drawing cash from the bank at the Karimganj town he took Rs.30,000/- out of Rs.4,65,000/- with him for exchanging of small notes and coins as there was insufficiency of small notes in the region and the balance amount of Rs.4,35,000/- was kept in a bag inside the garden Gypsy Car No.AS-10-0871 which was stolen by some unknown miscreants from the Gypsy Car of the garden which was parked near the bank, Chantar Bazar, Karimganj.
The complainant immediately reported the Karimganj P.S. over phone and lodged FIR on same date and also intimated to the insurance company (o.p) claiming amount for loss of Rs.4,35,000/- through letter which was received by o.p. on 31.5.07. The o.p. through a letter dt.28.7.10 repudiated the claim of the complainant with a ground that money withdrawn from the bank was not carried directly to the garden.
Complainant has stated that repudiation of claim in question by o.p. was not justified and to redress the dispute complainant filed the instant case before this forum and prayed for relief as contained in the petition of complaint.
O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case and interalia stated that the case is not maintainable in the Forum for the following reasons: (i) for want of territorial jurisdiction, (ii) no cause of action as reason of repudiation of the claim in question by o.p. was justified and (iii) terms and conditions of the aforesaid policy had been violated by complainant.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and it is observed by the Forum that it is admitted fact that complainant has taken two policies from the o.p. company including money insurance policy (transit and safe)and infidelity insurance policy of its employees and incident in question was occurred within the scheduled time period of the policies and complainant was not defaulter in relation to paying of premiums.
Before going in to the merit of the case it is needed to be mentioned that the address of the o.p. is within the territorial jurisdiction of this Forum, but in fact, all the transactions made by the complainant were with branch of National Insurance Co. Ltd. at Karimganj of Assam. In this regard ld. counsel of o.p. has referred judgments of Hon’ble Apex Court , 2010 and Hon’ble State Commission where the Hon’ble Courts have been pleased to observe that only for the reason that branch office is situated within the territorial jurisdiction of any court shall not be the reason of maintainability of any case if there is no cause of action in that branch office.
Considering the above discussion and considering also four corners of the instant case we are of the opinion that the instant case is not maintainable in this Forum for want of territorial jurisdiction. Moreover, it is candid from the record that two of the employees of the complainant, who were present on the date of incident in question, were not within the category of staffs who would be able to carry the money in question as per terms and conditions of the aforesaid policy. It is settled principle of law that if there is any contract between the parties and it is violated by one of the parties then claim of any parties as per contract is not acceptable. Therefore, we are of the opinion that the case of the complainant before this Forum has no merit. Moreover, it is crystal clear from the record that the accused employees who were present on the date of incident have got accused by ld. CJM and it is presumed that the employees are found honest and sincere to their employer. Therefore, as per terms and conditions of the infidelity insurance of its employees the claim of the complainant has not been covered.
Lastly, it is virtually admitted by the complainant that the scheduled route as it was mentioned at the time taking policy to transit money from the teagarden to the bank was deviated by the complainant. We are of the opinion that for the aforesaid activity of the complainant they are not entitled to get the claim from the policy of money insurance.
Considering above discussion we are strongly of the opinion that complainant is not entitled to get any relief from this Forum. Hence the case of the complainant is dismissed on contest without cost.
Supply certified copy of this order to the parties free of cost.
