Assam

Cachar

CC/5/2009

Asish paul - Complainant(s)

Versus

National Insurance Co. Ltd. - Opp.Party(s)

Kamendra Kr. Das

12 Jul 2011

ORDER

Heading1
Heading2
 
Complaint Case No. CC/5/2009
 
1. Asish paul
Club Road, Silchar- 1.
...........Complainant(s)
Versus
1. National Insurance Co. Ltd.
Shakespeare Sarani, 6th floor, Kolkata, West Bengal.
2. Divisional Manager, National Insurance Co. Ltd.
Club Road, Silchar.
Cachar
Assam
3. National Insurance Co. Ltd. Represemted by its Branch Manager.
Silchar Branch, club Road, Silchar- 1
Cachar
Assam
4. Branch Manager, National Insurance Co. Ltd
Silchar Branch, club Road, Silchar- 1.
Cachar
Assam
............Opp.Party(s)
 
BEFORE: 
 
For the Complainant:
For the Opp. Party:
ORDER

28/02/2011 Parties are represented. The Case is at judgment stage. On scrutiny of the records, it is found that Consumer case No. 5/2009 and 6/2009 relate to single policy No. 200501/44/06/56/00000004 for period 16/06/2006 to 15/06/2008. Both the cases relate to same part with common cause od action, for a common work with same subject matter and equal nature of relief. but the claim is split up in two different cases to keep within pecuniary jurisdiction of this Forum which is not permissible in law. Claim in C.P case 5/2009 is Rs. 19,98,276.86p. and C.P. case No. 6/2009 is Rs. 15,07,707.43p. totaling Rs. 35,05,984.29p. which is beyond the pecuniary jurisdiction of District Forum. This ought to have been pointed out at the initial stage of the proceeding to avoid killing of time and energy which unnecessarily spoiled the span of last two years. However, since the matter has come to notice at this late stage, the complaint may be returned tot he complainant with necessary note and endorsement on the reverse side of the complaint with direction to file it before the appropriate Authority having jurisdiction. Both parties to note the above order and to do needful.

12/07/2011 Record put up today on ptn. No. 632 filed by O.P. Heard. The case is disposed of on 28/02/2011. Appeal period is over. O.P is allowed to receive back the documents filed by them during trail obtaining proper acknowledgement and receipt.

 

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