ORDER                              Dated:  03-10-2016

Vikram Kumar Dabas, Member

This complaint can be disposed off without going into its merits.  The complainant is a mediclaim policy holder and had lodged a claim under the said policy for reimbursement of expenses incurred on hospitalization. A preliminary objection has been taken by the OP with regard to the territorial jurisdiction of this forum to entertain and adjudicate this complaint. The objection has been taken in Para 3 of the preliminary objections to the written statement.  The complainant has filed a rejoinder and reply to Para 3 has stated that this forum has territorial jurisdiction to try and entertain this complaint as the cause of action took place at Dr. B.L.Kapoor Memorial Hospital, Pussa Road, New Delhi where the treatment was undertaken. It is, therefore, clear that as per the complainant this forum has the jurisdiction to try this complaint simply because the complainant was hospitalized in Delhi.  We however are of the opinion that on the facts of this case this forum has no territorial jurisdiction to entertain and try the complaint. A copy of the insurance policy has been placed on record which shows that the complainant had obtained policy from the NOIDA Branch Office of the Insurance Company.  The registered office of the insurance company is situated in Chennai. As per the judgment given in the case  Sonic Surgical V/S National Insurance Company Ltd Civil Appeal No. 1560 of 2004 SC ,we hold that only the place where the branch office of the company is situated  that is NOIDA has the territorial jurisdiction to entertain and try this complaint. Accordingly, we order that the complaint is dismissed as not maintainable with the liberty to file afresh in appropriate forum within a period of 30 days from the date of receipt of this order.   File be consigned to record room.

 Announced on this…………

         MEMBER                             MEMBER                     PRESIDENT