For Complainant : Sri Subash Ch. Panda, Advocate & associates.
For Opp. Party : Sri Sisir Kumar Mishra, Advocate.
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1. The brief history of the case of the complainant is that his vehicle bearing No.OD 15A-8361 insured with Oriental Insurance Company Ltd., Sambalpur Branch vide Private Car Package No.345600/31/2015/4998 valid from 18.10.2014 to 17.10.2015 met with an accident on 04.07.2015 near Charmal in the district of Sambalpur resulting severe damage to the Car. It is submitted that the fact of accident was intimated to Charmal Police as well as the OP and the car was shifted to M/s. Genuine Automobiles, Dhankaudi, Sambalpur and a claim file was opened vide No.345600/31/2016/0000159. The OP deputed its surveyor who visited the garage and submitted report on 12.11.2015 with final assessement at Rs.3, 65,000/- but after repair the complainant paid Rs.3, 94,462/- to the repairer vide Receipt No.302 dt.26.11.2015. It is further submitted that after release of the vehicle the complainant submitted final bill with the OP but on 30.11.2016 the OP issued a letter to the complainant stating that he has misrepresented the OP while declaration made by him relating to No Claim Bonus at the time of obtaining the policy for which the Own Damage Claim stands forfeited. The complainant also submitted that for the previous term, the car was insured with United India Insurance Co. Ltd., Baragarh valid from 18.10.2013 to 17.10.2014 but the agent of the present OP has neither obtained any proposal form nor any declaration from the complainant except the copy of previous insurance paper to effect insurance in favour of the complainant for which there was no scope with the complainant to give declaration regarding receipt of any claim from UIIC Ltd. previously and it is the duty of the OP to cross check about any claim received by the complainant from the previous insurer. Thus alleging deficiency in service on the part of the OP, he filed this case praying the Forum to direct the OP to settle the claim at Rs.3, 94,462/- with interest @ 12% p.a. and to pay Rs.1, 10,000/- towards compensation and cost to the complainant.
2. The OP though entered appearance through its A/R has not filed any counter in this case but participated in the hearing. The A/R for the OP submitted that this Forum lacks territorial jurisdiction as no cause of action arose within the district of Koraput and hence this case needs dismissal on the ground of teritorial jurisdiction only. We have heard from the A/Rs for the complainant as well as OP and perused the materials on record.
3. In the above circumstances, we are inclined to test the territorial jurisdiction of this Forum to try over this case before going into other merits. It is seen that the vehicle bearing No.OD 15A-8361 of the complainant which met with accident is not registered in Koraput District. The vehicle is insured at Sambalpur with the OP and the accident took place at Charmal , Sambalpur on 04.07.2015. It is also seen that the complaint has been lodged at Charmal PS and vehicle was repaired at M/s. Genuine Automobiles, Dhankaudi, Sambalpur. From the above facts, it was ascertained that the entire cause of action arose at Sambalpur district only.
4. We have heard from the A/R for the complainant regarding territorial jurisdiction of this Forum to decide this case. The A/R for the complainant submitted that the complainant is working with ESSAR Company and its jurisdiction is KBK District and hence the Forum has got territorial jurisdiction to try over this case. In our view, complainant might be working within KBK district but the entire cause of action in this case arose out side the jurisdiction of this Forum. As the territorial jurisdiction of this case lies elsewhere, the present case is not maintainable in this Forum and needs dismissal.
5. Hence ordered that the complaint petition is dismissed for lack of territorial jurisdiction and the complainant may agitate his grievance before the appropriate Forum having territorial jurisdiction.
(to dict.)
