ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1725 OF 2018
(Against the judgment & order dated 31-05-2018 in Complaint Case No.62/2018 of the District Consumer Forum, Siapur)
Shailendra Kumar
S/o Sri Ram Asare
R/o Nataura, Bambhaura
District Sitapur
...Appellant
Vs.
SBI General Insurance Co. Ltd.
Through Grievance Redressal Officer
101, 201, 301, Natraj
Junction of Western Express Highway
& Andheri Kurla Road, Andheri East
Mumbai-400069
...Respondent
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
For the Appellant : None appeared.
For the Respondent :
Dated : 28-09-2018
JUDGMENT
MR. JUSTICE A. H. KHAN, PRESIDENT
None appeared for the appellant.
I have perused impugned order dated 31-05-2018 passed by District Consumer Forum, Sitapur in Complaint Case No. 62/2018 Shailendra Kumar V/s SBI General Insurance Company Limited whereby the District Consumer Forum has passed order to return complaint to complainant for presenting the same before competent forum holding that the complaint is beyond pecuniary jurisdiction of District Consumer Forum.
Copy of insurance policy annexed at page 23 of appeal shows that IDV of the vehicle is Rs.20,90,000/- and the complainant has claimed relief for the whole insured value of vehicle alongwith interest at the rate of 10% per annum. In addition to it the complainant has claimed relief of Rs.2,00,000/- as compensation for mental and physical harassment.
In view of above it is apparent that the valuation of complaint is above
:2:
Rupees Twenty Lacs. As such the complaint is beyond pecuniary jurisdiction of the District Consumer Forum and the District Consumer Forum has rightly ordered to return the complaint to complainant for presenting it before competent forum.
In view of above appeal is dismissed at admission stage in lemini.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
Pnt.