Taken up through video conferencing. Heard the learned counsel present. Perused the material on record. 1. This complaint has been filed under Section 58 read with Section 59 and further read with Section 2(5) of The Consumer Protection Act 2019 (the ‘Act 2019’). 2. Learned counsel for the opposite party insurance co. draws attention to para 27 of the complaint as well as to para 10 of the subject insurance policy document as also to Section 58(1)(a)(i) of the Act 2019, and submits that this complaint does not come under the pecuniary jurisdiction of this Commission. 3. For ready reference, the following are reproduced: Para 27 of the Complaint: 27. That this Hon’ble Commission has pecuniary jurisdiction to entertain this Consumer complaint as the value of the goods or services paid as consideration exceeds Rs.10,00,00,000/- (Rupees Ten Crores Only). Para 10 of the subject Insurance Policy: 10. Premium: It is understood and agreed that the annual premium amounting to INR.28,08,000/- + 12.36% S. Tax of INR.3,47,069/- = INR.31,55,069/- (for aircraft indicated in the schedule) shall be paid in the four quarterly equal installments as per AVN5A as under. DEFERRED PREMIUM CLAUSE (AVN-5A) - amended |
It is hereby understood and agreed that the premium under this policy shall be paid in the four quarterly equal installments : INSTALMENT | DUE DATE | AMOUNT (Rs.) INCL. GOVT. SERVICE TAX | 1ST INSTALLMENT | 25th September 2014 | INR.7,88,767.00 | 2ND INSTALMENT | 24th December 2014 | INR.7,88,767.00 | 3RD INSTALMENT | 24th March 2015 | INR.7,88,767.00 | 4TH INSTALMENT | 22nd June 2015 | INR.7,88,768.00 | | TOTAL…. | INR.31,55,069.00 |
Nevertheless it is further understood and agreed that:- Notwithstanding any provision as to notice of cancellation contained in the Policy, it is a condition that in the event of any installment not being paid by its due date, the cover afforded by this Policy shall be deemed to have ceased at midnight of such due date and no refund or premium shall be due to the Insured. It is hereby understood and agreed that the 1st Instalment of INR.7,88,767/- (inclusive of Service Tax) has been collected vide our Collection No.51-60/3001000585 dated 24/09/204. Section 58 (1)(a)(i) Jurisdiction of National Commission of the Act 2019.- (1) - - - the National Commission shall have jurisdiction - - - (a) to entertain (i) complaints where the value of the goods or services paid as consideration exceeds rupees ten crores: - - -. 4. The value of the services paid as consideration, which, in this case, is the total premium paid, is Rs. 31,55,069.00. The value of the services paid as consideration does not exceed Rs. 10 crore. 5. The averment made in para 27 of the complaint, to the effect that the value of the services paid as consideration exceeds Rs. 10 crore, is factually incorrect and erroneous. The complainant is sternly advised to refrain from misrepresentation in such way. 6. It is manifestly clear that since the value of the service paid as consideration does not exceed Rs. 10 crore, this complaint does not come within the pecuniary jurisdiction of this Commission as provided for in Section 58(1)(a)(i) of the Act 2019. 7. The complaint is dismissed as not maintainable. 8. Needless to add, this Commission has not adjudicated the complaint on merit. As such, the complainant is free to seek remedy in the appropriate forum / court as per the law. 9. The Registry is requested to send a copy each of this Order to all parties in the complaint and to their learned counsel within three days. The stenographer is requested to upload this Order on the website of this Commission immediately. | 
