DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

MUCHIPARA, BURDWAN.

Consumer Complaint No.83 of 2016

Date of filing: 09.5.2016                                                                Date of disposal:  11.5.2016

Complainant:               Arabinda Mukherjee, S/o. Late Sarat Chandra Mukherjee, at present residing at Nidhi Apartment, IInd Floor, New Upper Chelidanga, near Bhakti Bhaban Lane, Asansol -1.

-V E R S U S-

Opposite Party:    1.     Senior Divisional Manager, Kolkata 1 Division, National Insurance Co. Ltd., 3, Middleton Street, Post Box No. 9229, Kolkata- 71.

2.      Senior Divisional Manager, Genins India TPA Ltd., a Third Party Administrator in Health Insurance, having its office at: 15, Ganesh Chandra Avenue, 3^rd Floor, Kolkata – 13.       

Present:      Hon’ble Member: Smt. Silpi Majumder.

           Hon’ble Member:  Sri Pankaj Kumar Sinha.

Appeared for the Complainant:      Ld. Advocate, Debjyoti Banerjee.

Order No. 02, Dated: 11.5.2016

The complainant is present through the ld. Advocate by filing hazira. Today is fixed for admission hearing of the complaint. At the time of admission hearing we have noticed that the addresses of the Ops as mentioned in the cause title of the complaint lie within the jurisdiction of Kolkata, not Burdwan. In respect of territorial jurisdiction, the ld. Counsel for the complainant has argued that due to inadvertence the office situated at Asansol, which is within the jurisdiction of this ld. Forum has not made necessary party in this proceedings from where the complainant obtained the insurance policy. As the complaint has been filed on affidavit and before admission it cannot be amended, hence application  has been made by the complainant for withdrawal of the complaint, praying for liberty to file afresh showing the name and address of the Asansol office in the cause title  of the complaint. According to the complainant if this prayer is not allowed by the ld. Forum, he will be seriously prejudiced.

It is seen by us that admittedly the present form of the complaint being no. 83/16 cannot be admitted due to barred by territorial jurisdiction because the addresses of the Ops as given by the complainant lie within the jurisdiction of Kolkata not Burdwan. In view of the Section 11(2) of the C.P. Act, 1986 a complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,-

1. the OP or each of the Ops, where there are more than one, at the time of institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or
2.  any of the Ops, where there are more than one, at the time of institution of the complaint, actually and voluntarily resides , or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the Ops who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be acquiesce in such institution; or
3. the cause of action, wholly or in part, arises.

Upon careful perusal of the above-mentioned Act we are of the view that no case has made out in the instant complaint that the cause of action arose within the territorial jurisdiction of this ld. Forum. Therefore, the present complaint in its present form cannot be maintainable before this ld. Forum being barred by territorial jurisdiction.

It is fairly submitted by the complainant through an application that due to inadvertence the Asansol office from where the complainant purchased the insurance policy has not been made necessary party in this proceeding, which lies within the jurisdiction of this ld. Forum and prays for withdrawal of this complaint with a liberty to file afresh making the Asansol office as a necessary party. Under such circumstances, we are of view that as the complainant has honestly disclosed his lacunae that due to typographical mistake Asansol office has not been made necessary party in this proceeding, hence the prayer as made by the complainant can be allowed in the interest of natural justice.

Going by the foregoing discussion, hence, it is

O r d e r e d

that the complaint being no. 83/2016 is dismissed due to barred by territorial jurisdiction without being admitted. The complainant is given liberty to file a fresh complaint, if necessary, in an appropriate manner.

            Let a plain copy of this order be supplied to the complainant free of cost as per provisions of law.

             Dictated and corrected by me.                                                               

                  (Silpi Majumder)

                         Member

                DCDRF, Burdwan

                                                      (Pankaj Kumar Sinha)                        (Silpi Majumder)

                                                                 Member                                          Member    

                                                          DCDRF, Burdwan                          DCDRF, Burdwan