Order No. 09 Date- 09.11.2020
Record is put up for order.
We have heard the instant case on the point of admission on 04.11.2020.
We have examined the entire materials on record and given a thoughtful consideration and the submission advanced before us. On perusal of the consumer complaint, it appears to us that Bolpur office of OP issued premium certificate dated 08.02.2019 in favour of the complainant No. 1 section 34 (2) of the CP Act, 2019 reads as follows:-
A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction,—
(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or
(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the District Commission is given; or
(c) the cause of action, wholly or in part, arises; or
(d) the complainant resides or personally works for gain.
There is no dispute that Bolpur Branch of OP issued Family Health Optima Insurance Policy in favour of the complainant No. 1. OP star Health and Allied Insurance Company Ltd. is the registered office of Bolpur Branch. Thus, it is clearly established that Birbhum district consumer disputes redressal commission has jurisdiction to entertain the instant consumer complaint. If we admit the consumer case, in that event it will lead to abstract consequences and lead to bench hunting. No doubt this would be departing from the plain and literal words of the section 11 (2) (b) of the CP Act,1986.
In the present case, the cause of action has arisen at Bolpur from where the health insurance policy was issued. As such, Birbhum District Consumer Dispute Redressal Commission is the competent commission where the complainants may agitate their grievance.
In the result, the instant consumer complaint is not admitted and also dismissed for want of jurisdiction.
However, liberty be given to the complainants to approach their grievance before the competent commission, that is Birbhum District Consumer Disputes Redressal Commission, if so desired.
