IN THE MATTER OF:
NARESH PAL Vs. RELIANCE G.I.C. LTD.
CC No. 122/2023
Date:- 08.08.2023
Present:- None
Arguments in this matter at admission stage were heard yesterday and it was fixed for orders today.
Complainant meanwhile has filed a letter dated 09.03.2023 on 07.08.2023 thereby informing that it has written one letter to the Insurance Company at Preet Vihar and as such this Commission has jurisdiction to entertain the present complaint.
Brief facts stated by the complainant in the complaint are that he got one policy from the OP on 03.05.2022 against consideration and he was feeling unwell on 12.09.2022 and as such visited the Doctor who advised the rest and thereby on 15.09.2022 he became unconscious whereafter he was taken to KIIMS Hospital at GT Road, Chaproal, Greater Noida, G.B. Nagar, U.P.-201009 and after recovering and getting discharge he filed the claim before the OP for an amount of Rs. 47,856/- which was declined and as such he filed the present complaint case.
The Commission has heard the argument on jurisdiction point as complainant is resident of Noida, G.B. Nagar and office of OP is stated to be Metroplex Radhu Cinema, Laxmi Nagar. What cause of action has arisen on the alleged address of OP has not explained. The policy otherwise has been issued from 6th Floor, Oberoi Commerz, International Business Park, Oberoi Garden City, Western Express, Mumbai. The place where of complainant has taken treatment is also of Noida and not within the territorial jurisdiction of this Commission. No cause of action within the territorial jurisdiction of this Commission has been alleged. In support of his contention complainant has filed one letter on 07.08.2023 written by him to Laxmi Nagar Branch. This letter is only to the extent that his matter be taken up again for consideration of which no reply has been given by the OP. This Commission is of the opinion that mere writing a letter to OP would not create jurisdiction until & unless there is some cause of action has arisen within the territorial jurisdiction of this Commission.
The issue w.r.t. branch office is no more res-integra as the Hon’ble Supreme Court in civil appeal No. 1560/2004 in a case titled Sonic Surgical Vs National Insurance Company Ltd. Wherein it has been held as-
“In our opinion, no part of the cause of action arose at Chandigarh.It is well settled that the expression ‘cause of action’ means that bundle of facts which gives rise to a right or liability.In the present case admittedly the fire broke out in the godown of the appellant at Ambala The insurance policy was also taken at Ambala and the claim for compensation was also made at Ambala.Thus no part of the cause of action arose in Chandigarh”.
Further, the jurisdiction is the factor that gives the court the authority to deal with a particular case. If the Forum does not have territorial jurisdiction to decide a particular complaint then it does not have the power to pass any other order in respect of that case. Jurisdiction is germane to the judicial hierarchical system and any order passed without jurisdiction is a nullity. In this regard, the judgment of the Bombay High Court in Pundalik Haribhau Chandekar V. Jagdish Dadaji Bind (supra) has laid-down that delay cannot be condoned if the court does not have the jurisdiction to decide the complaint. This seems quite logical also that a court which does not have jurisdiction over a particular matter cannot pass any order on any aspect of the matter.
Therefore the Commission is of the considered view that no cause of action has arisen within the territorial jurisdiction of this Commission and therefore this Commission does not have the jurisdiction to entertain the complaint.
The complaint is ordered to be returned to the complainant.
File be consigned to Record Room.
