ORDER

PER SH. RAKESH KAPOOR, PRESIDENT

     The complainant is a registered owner of a motorcycle bearing no. DL-7S-BN-6520  It was insured by the OP for the period 17.2.2014 to 16.2.2015 .   It is the case of the complainant that on 7.5.2014 , this vehicle was stolen from NOIDA (UP) and an FIR in this regard was registered at the said place.  The complainant had lodge a claim with the OP which has not been settled.

      The OP has raised a preliminary objection before the forum to entertain and try the present complaint.

      Para 2 of the preliminary objections of the written statement filed by the OP in this regard states as under:

Para 2

That the Vehicle No.DL-7S-BN-6520 was insured with Opposite Party at NOIDA Division Office and theft of the said Vehicle was also occurred in NOIDA, FIR was also lodged in P.S. Noida, hence no cause of action arose in Delhi, as such this Court has no jurisdiction to entertain the present complaint. It is further submitted that the Hon’ble Supreme Court of India in “Sonic Surgical Vs. National Insurance Co. Ltd (Civil Appeal No. 1560 of 2004)” held that “In our opinion, the expression ‘branch office’ in the amended section 17(2) would mean the branch office where the cause of action has arisen. No doubt this would be departing from the plain and literal words of Section 17(2) (b) of the Act but such departure is sometimes necessary (as it is in this case) to avoid absurdity. In the present case, since the cause of action arose at Ambala , the State Consumer Redressal Commission , Haryana (a) alone will have jurisdiction to entertain the complaint.

    The OP has , therefore, prayed that the complaint be returned for its presentation before a competent authority,.

      We have heard arguments advanced at the bar and  have perused the record.

The challenge by the OP is to the territorial jurisdiction of this forum.  We have perused the complaint. Para 10 of which states that since the respondent is working for gain at Jhandewalan extension Delhi this forum has jurisdiction to entertain to the complaint.  It is however, admitted that the policy of insurance was purchased from the NOIDA office of the OP insurance company and the theft had also taken place in NOIDA . We are, therefore, of the considered opinion that this forum has no jurisdiction to entertain this present complaint. We are of the considered opinion that the NOIDA branch of the OP insurance company has the jurisdiction to entertain the present complaint in view of the judgment of the Hon’ble Supreme Court in Sony Surgical Sonic Surgical Vs. National Insurance Co. Ltd (supra) .

   Consequently we ordered that the complaint be returned to the complaint for its presentation before the appropriate authority.  With these observations the complaint is disposed of.

Copy of the order be made available to the parties as per rule. 

    File be consigned to record room.

     Announced in open sitting of the Forum on.....................