Haryana

Yamunanagar

CC/52/2017

Modern Wood Industries - Complainant(s)

Versus

Oriental Insurance Co. Ltd. - Opp.Party(s)

Nitin Arora

13 Jul 2018

ORDER

CC No.52 of 2017.

M/s Modern Wood industries vs. OIC.

 

Present:Complainant in person with his counsel Sh.Nitin Arora, Adv.

            Sh.Rajiv Gupta, Adv. for Ops.

           

        Today the case is fixed for reply and consideration on the application filed by the OP on 4.7.2018 requesting this Forum to reject/dismiss the present complaint on the ground of pecuniary jurisdiction.  It has been averred in the said application that the complainant is having the insurance policy bearing No.261700/11/2014/66 valid from 11.5.2013 to 10.5.2014 for a sum assured of Rs.2,60,00,000/- (two crore sixty lacs).  It is further averred that this Forum has got no pecuniary jurisdiction to entertain the complaint beyond 20 lacs as held by the Hon’ble National Commission in case titled as Ambrish Kumar vs. Ferrous Infra Structure Pvt. Ltd. 

            On the other hand the ld. Counsel for the complainant instead of filing the reply to the application suffered a statement that as per the order of the Hon’ble National Commission on the point of pecuniary jurisdiction he wants to withdraw the present complaint with the liberty to file a fresh complaint before the appropriate authority.

           Heard.  In view of the statement made by the ld. counsel for the complainant, the present complaint stands dismissed as withdrawn with the liberty to file a fresh complaint before the appropriate authority on the same cause of action if so advised. Exemption of time spent before this Forum is granted in terms of the judgment of Hon’ble Supreme Court in case titled as “Luxmi Engineering Works vs. PSG Industrial Institute (1995) III SCC P.583”.  Copies of this order be supplied to the parties concerned free of costs.  File be consigned to the record-room after due compliance.

Announced:13.7.2018.                

 

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