STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

First Appeal No  :            663 of 2015

Date of Institution:           10.08.2015

Date of Decision :            02.12.2015

Rana Muni Nath son of Sh. Devender Singh, r/o Shri Hari Niwas, Plot No.7, Sector D, Defence Colony, Ambala Cantt.

                                      Appellant-Complainant

Versus

1.      The New India Assurance Company Limited, Building 87, Mahatama Gandhi Marg, Fort, Mumbai – 400001, through its Authorized Signatory.

2.      The Branch Manager, New India Assurance Company Limited, Branch Office, Ambala through its Divisional Manager.

                                      Respondents-Opposite Parties

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.

Present:               Shri Nitin Mittal, Advocate for appellant.

Shri Vinod Chaudhari, Advocate for respondent.

                                                   O R D E R

NAWAB SINGH J.(ORAL)

By filing the present appeal, Rana Muni Nath-complainant (appellant) has challenged the order dated July 01^st, 2015 passed by District Consumer Disputes Redressal Forum Ambala, (for short District Forum) whereby complaint was dismissed on the ground of lack of territorial jurisdiction. 

2.      Complainant got his vehicle insured with the New India Assurance Company Limited – Insurance Company (opposite parties) for the period September 06^th, 2013 to September 05^th, 2014.  On October 24^th, 2013 vehicle met with an accident and damaged. F.I.R No.203 dated October 25^th, 2013 was lodged with the Police Station Shambhu, District Patiala.  The complainant submitted claim with the Insurance Company but it was not settled.

3.      Learned counsel for the complainant has urged that cover note was issued at Ambala because it bears the seal of Karnal Motors Private Limited, who was authorized agent of the Insurance Company, so, the District Forum, Ambala had the territorial jurisdiction to decide the complaint, a fact which has not been refuted by the learned counsel for the Insurance Company.

4.      In view of above, the case requires to be remanded to the District Forum for deciding the complaint on merits. Hence, the appeal is accepted, the impugned order is set aside and the case is remitted to the District Forum with the direction to decide the complaint on merits and preferably within a period of six months, which shall be from the date of first appearance of the parties. 

5.       The parties are directed to appear before the District Forum on December 22^nd, 2015.

6.      Copy of this order be sent to the District Forum.

UK