BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.105 of 2015
Date of Instt. 17.03.2015
Date of Decision :10.08.2015
Ashok Kumar son of Amar Singh R/o Village Aujla Jogi, Tehsil and District Kapurthala.
..........Complainant Versus
1. National Insurance Company Limited, through Sr.Divisional Manager, Divisional Office 2089, The Mall, Bathinda.
2. The Sr.Divisional Manager, National Insurance Company Ltd, Divisional Office, BMC Chowk, Jalandhar.
.........Opposite parties
Complaint Under the Consumer Protection Act,1986.
Before: S. Jaspal Singh Bhatia (President)
Ms. Jyotsna Thatai (Member)
Sh.Parminder Sharma (Member)
Present: Sh.Mohit Kapur Adv., counsel for complainant.
Sh.RS Arora Adv., counsel for opposite parties.
Order
J.S.Bhatia (President)
1. The complainant has filed the present complaint under the Consumer Protection Act, 1986, against the opposite parties on the averments that the complainant purchased one car make Renault Duster vide chassis No.D2017470, Model 2013 and got it insured from the opposite parties vide cover note No.401204350357 effective from 14.3.2013 to 13.3.2014 and paid Rs.34,697/- for its premium for insurance to opposite party office under Dep Cap Policy. The car of the complainant met with an accident on 8.12.2013 and complainant got it repaired from M/s Padam Cars Pvt Ltd, GT Road, Dhandari Kalan, Ludhiana. The car of the complainant was repaired and an amount of Rs.4,64,990/- was spent towards its repair and parts replaced. As per the terms of the policy, the opposite parties are to pay the entire amount of loss suffered by complainant, but as per the repairer, the opposite parties have not paid him a sum of Rs.74,000/- out of the total amount spent on the repair of the car. Since complainant had obtained a Dep Cap Policy, so he was entitled to full payment towards the accidental vehicle and no depreciation etc was to be deducted from the claim amount. The complainant paid the amount of Rs.74,000/- to the repairer in September 2014 and got the possession of his car. The complainant sent a legal notice dated 13.10.2014 to the opposite parties calling upon them to pay the sum of Rs.74,000/- paid by the complainant as difference of the amount paid by the opposite parties to the repairer and the actual repair bill, but the opposite parties have failed to reply to the said notice. The cause of action arose to the complainant on 8.12.2013 i.e when the accident took place and again after the expiry of 15 days of the receipt of notice dated 13.10.2014 by the opposite parties. On such like averments, the complainant has prayed for directing the opposite parties to pay him Rs.74,000/- alongwith interest. He has also claimed damages and litigation expenses.
2. Upon notice, opposite parties appeared and filed a written reply raising preliminary objections that complaint is vexatious and without jurisdiction and that the complainant has not disclosed as to how the company is liable to pay Rs.4,64,900/-. On merits they pleaded that some entry of the alleged amount of Rs.4,64,990/- are unsupported by the supporting vouchers, details, deeds, memos and documents, the detail of the items in respect of which this amount was paid, is of no value in law. The owner of the car could spend any amount even more than Rs.4,64,990/- for beautification, after all it was his own car, there was no limit. The enclosed is the survey report, it is for the complainant to prove where the departure from the Dep Cap Policy has been made by the insurer? The complaint does not lie at Jalandhar. The alleged short payment was being claimed from the B.O.Bathinda, the legal notice by the complainant was issued to B.O.Bathinda, the vehicle at no point of time was at Jalandhar and even accident took place at some place other than Jalandhar, the repair was got done from Ludhiana, even the cover note was not issued from Jalandhar, no part of cause of action arose nor one is alleged having arisen within the jurisdiction of this Forum. They denied other material averments of the complainant.
3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C9 and closed evidence.
4. On the other hand, learned counsel for the opposite parties has tendered affidavit Ex.OA alongwith copy of document Ex.O1 closed evidence.
5. We have carefully gone through the record and also heard the learned counsels for the parties.
7. Without going into the merits of the controversy, we are of the opinion that this Forum has no territorial jurisdiction to try and decide the present complaint. In para 8 of the complaint, the complainant has pleaded that the cause of action arose to him on 8.12.2013 i.e when the accident took place and again after the expiry of 15 days of the receipt of notice dated 13.10.2014 by the opposite parties. Ex.C1 is cover note and it is bearing the stamp of Bathinda office of the insurance company. Legal notice dated 13.10.2014 Ex.C3 was addressed to Senior Divisional Manager, Bathinda. The car was got repaired from M/s Padam Cars Pvt Ltd, Ludhiana. The repair charges were also paid at Ludhiana. The survey of the car was done at Ludhiana as is evident from survey report Ex.C8. It is also not case of the complainant that car met with accident in the area of district Jalandhar. The alleged short payment was made by Bathinda office of the insurance company. The complainant is resident of Kapurthala. So, no part of cause action has arisen at Jalandhar. Simply on the ground of branch office of the insurance company at Jalandhar, the complaint can not be filed at Jalandhar. So in our opinion, this Forum has no territorial jurisdiction to try and decide the present complaint.
8. Consequently, the complaint is ordered to be returned to the complainant for presentation before the proper Forum having territorial jurisdiction in the matter. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.
Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia
10.08.2015 Member Member President
