CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)

ISBT KASHMERE GATE DELHI

CC/211/2016

No. DF/ Central/                                                                      Date

Smt. Yado Devi

W/o Late Sh. Shoram Singh,

R/o H. No. 1852/4, Gali No. 4,

Rama Block, Bholanath Nagar,                      

Shadara, Delhi-110032.                                                            …..COMPLAINANT  

 VERSUS

The Oriental Insurance Company Ltd.

Customer Service Department,

Through DGM,

Oriental House, P.B. No. 7037, A-25/27,

Asaf Ali Road, New Delhi-110002.

Also at:

DO Janpath 88, Janpath,

Ground Floor,

New Delhi-110001.                                                               …..OPPOSITE PARTY

Quorum  : Ms. Rekha Rani, President

                 Mr. R.C. Meena, Member

ORDER

Ms. Rekha Rani, President

1. Instant complaint has been filed by Smt. Yado Devi (in short the complainant) under Section 12 of the Consumer Protection Act, 1986 as amended inter-alia pleading therein that she is a PNB-Oriental Royal Medi Claim Policy holder under Code No. 58963239.  The policy is continued since its inception from time to time.  She fell ill on 02.04.2016 and was examined at Dr. Hedgewar Arogya Sansthan, Karkardooma, Delhi-110032.  There was no improvement in her health.  Then she got admitted in Sri Ram Singh Hospital & Heart Institute, at B-25-26/26-A, Swarn Cinema Road, East Krishna Nagar, Delhi-110051.  Total expenditure incurred on her treatment was Rs. 27,784/-.  She submitted her claim to The Oriental Insurance Company Ltd. (in short OP).  Her claim was repudiated by OP.  She filed the instant complaint seeking direction to OP to pay her Rs. 27,784/- expenses of treatment, Rs. 1,00,000/- as compensation for causing mental agony and Rs.20,000/- towards litigation charges.
2. OP appeared and contested the claim.  We have heard Sh. A.H. Pasha, counsel for complainant and Sh. Trilok Chand, proxy counsel for OP.
3. It was argued on behalf of OP that this Forum lacks jurisdiction to adjudicate this matter.  It is not in dispute that PNB-Oriental Royal Medi Claim Policy Schedule was issued from Division Office No.-29, 88, Janpath, Ground Floor, New Delhi-1100001 branch of OP and the said policy was also cancelled form the same branch vide Annexure-OP/A dated 01.01.2016.
4. The question of territorial jurisdiction is settled by Apex Court in the case of Sonic Surgical Vs. National Insurance Company Ltd (IV) 2009 CPJ 40. In the said judgment it was held that amended section 17 (2) (b) of the Consumer Protection Act has to be interpreted in such a way which does not lead to absurd consequences and bench hunting.   It was observed that the expression ‘branch office’ in the amended section 17 (2) would mean the branch office where the cause of action arises.
5. Reference may also be made to decision of National Commission in Revision Petition No 1100/2011 titled as Rajan Kapoor Vs Estate Officer, Huda decided on 04.11.2011 wherein District Forum Panchkula allowed the complaint.   In appeal the State Commission found that District Forum Panchkula had no territorial jurisdiction following Sonic Surgical (supra). Order of State Commission directing return of complaint for being presented to District Forum Ambala was maintained by the National Commission while observing that simply because Head Office of HUDA was in Panchkula , Panchkula District Forum did not have jurisdiction as no cause of action had arisen at Panchkula.
6. No part of cause of action is shown have accrued within the territorial jurisdiction of this forum.  The complaint is returned with liberty to file the same in the forum having appropriate jurisdiction after retaining a copy of the same. Copy of this order be sent to the complainant as per rules. File be consigned to record room.

Announced thisDay of2019.