For the reasons stated in the application, we recall our order dated 16.11.2010 dismissing the Revision Petition for non prosecution and restore the same to its original number.

          With the consent of counsel for the parties, the revision petition is being disposed of.

-2-

          Complainant/petitioner got his industrial property situated at Bhiwadi, Rajsthan insured with the respondent insurance company against various risks.  He obtained two policies; one for plant and machinery and second for building and stocks.  The payable amount of risk cover was Rs.1,37,00,000/-.  In a fire incident, the entire establishment of the complainant reduced to ashes.  Petitioner filed the claim for Rs.1,37,00,000/-.  Surveyor appointed by the respondent insurance company assessed the loss at Rs.65.10 Lacs.  Respondent paid the sum of Rs.56.48 Lacs after two years.  Petitioner filed the complaint for the balance amount of Rs.8,93,579/- along with interest amounting to Rs.13,89,563/-.  Complaint was filed before the State Commission.  The State Commission transferred the complaint to the District Forum observing thus:

“Even if the allegations are assumed to be correct, compensation shall not exceed Rs.20 Lacs for the purpose of pecuniary jurisdiction as interest is not a par of compensation for the purpose of pecuniary jurisdiction.  The complaint is transferred to the concerned District Forum for consideration.  In our view, the amount has been exaggerated in order to invoke the jurisdiction of this

Commission and this tendency needs to be curbed at the outset.

          Prima-facie, we agree with the view taken by the State Commission.  Petitioner had claimed the sum of Rs.8,93,579/- along with interest which is yet to be determined by the District Forum.  Since the petitioner had claimed the sum of Rs.8,93,579/-, the complaint would certainly fall within the jurisdiction of the District Forum.  There is no merit in the revision petition and the same is dismissed.

          Parties through their counsel are directed to appear before the District Forum on 03.02.2011.

          Since it is a very old case, we direct the District Forum to dispose of the complaint filed by the petitioner within a period of             six months from the date of first appearance.

          While granting the relief, the District Forum would be at liberty to grant appropriate interest, if found payable.