Gurpinder Singh Vs. National Insurance Co. Ltd. CC/17/224
26.7.2017:Present: Sh.I.S.Maan,Adv. counsel for the complainant.
ORDER
Sh.Gurpinder Singh, complainant through his special power of attorney holder Sh.Bachittar Singh has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Party (hereinafter referred to as the O.P.).
2. The brief facts of the complaint are that the complainant is the registered owner of car bearing No.PB-11-AS-4646, which was got insured from the OP for the period from 9.6.2015 to 8.;6.2016. The said car was previously insured with Oriental Insurance Co.Ltd., Chhoti Baradari, Nabha Gate, Patiala for the period 2014-15. The said car met with an accident on 22.5.2016 and a DDR No.36 dated 22.5.2016 was lodged with P.S.Mulepur, District Fatehgarh Sahib. Thereafter, he lodged the claim with the OP alongwith requisite documents, who wrongly repudiated the same vide letter dated 29.3.2017. The act and conduct of the OP amounted to deficiency in service, which caused him mental agony and physical harassment. Hence this complaint with the prayer for a direction to the OP to pay the amount of Rs.2,29,000/- in respect of the loss/damage caused to the vehicle in question alongwith interest @18% per annum from the date of accident till its realization , Rs.50,000/-as compensation and also to grant any other relief which this Forum deem fit.
3. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
4. The ld. counsel for the complainant has argued that the complainant got his car having Registration No. PB-11-AS 4646, insured from the OP, for the period from 9.6.2015 to 8.6.2016. On 22.5.2016, it met with an accident in District Fatehgarh Sahib and FIR was got registered with the police station at District Fatehgarh Sahib. He has also lodged the claim with the OP alongwith the requisite documents but it did not pay the claim amount.
5. From the perusal of proposal-cum- motor renewal form, it is evident that the policy in question was issued by the Ambala office of National Insurance Co. Ltd., for the period from 9.6.2015 to 8.6.2016. From the copy of DDR dated 22.5.2016, it is evident that the car in question met with an accident within the territory of District Fatehgarh sahib. The letter dated 17.3.2017, which is signed by Sh.Vijay Kumar, i.e. the authorized signatory D.O. Ambala, whereby some documents were demanded with regard to the car in question, was written by the Ambala office of the National Insurance Company Ltd., to the complainant. The repudiation letter also bears the signature of said Sh.Vijay Kumar, the authorized signatory, D.O. Ambala, meaning thereby that the said letter was also issued by the Ambala office of National Insurance Co.Ltd. From the above referred documents, it is evident that no cause of action has arisen to the complainant within the territory of District Patiala. It may be stated that the complainant has arrayed the National Insurance Co.Ltd., whose office is situated at Ambala Cantt. but has not impleaded its branch office, if any, situated in District Patiala. Since neither any cause of action has arisen to the complainant within the territory of District Patiala nor the complainant has impleaded the branch office, if any, of the National Insurance Co.Ltd. situated within the territory of District Patiala, as OP, therefore, we are of the view that this Forum lacks territorial jurisdiction to adjudicate upon the matter as envisaged in Section 11 of the Consumer Protection Act,1986. Accordingly, we dismiss the present complaint in limine for want of territorial jurisdiction. However, the complainant is at liberty to approach the appropriate court/Forum for redressal of his grievance, if so, advised. Certified copy of the order be sent to the complainant free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
Dated:26.7.2017
Member President
