Final Order in C.C.No.35/2015

as per I.A.No.40/2015

Sri. P. Satheesh Chandran Nair (President):

                The complainant filed this case u/s.12 of C.P. Act against the opposite parties 1 to 3 for getting a relief.

                2. This Forum entertained the complaint and issue notice to the opposite parties 1 to 3 and 1^st and 2^nd opposite party appeared before the Forum and filed their version.  On 04.06.2015, the counsel for 1^st and 2^nd opposite party filed a maintainability petition, which is numbered as I.A.40/2015.

                3. The main contention of the opposite parties is as follows:  The petitioner is the counsel of opposite parties 1 and 2 in this case and he know all the details of this case.  The case is for realizing balance treatment expense and for compensation against the opposite parties.  According to the petitioner, this Forum has no jurisdiction to entertain this case.  He contended that there is no cause of action arised within the jurisdiction of this Forum.  The complainant in the above case has taken to insurance policy from the office of Star Health insurance at Thiruvananthapuram and moreover the treatment of the petitioner was also taken place at a hospital at Thiruvananthapuram.  The preliminary amount of treatment expense was paid from the Thiruvananthapuram office of the said insurance company.  He again submitted that all the above insurance were took place at Thiruvananthapuram District and the CDRF, Thiruvananthapuram is the competent Forum to try the case.  The opposite parties 1 and 2 have no branch office at Pathanamthitta.  The 3^rd opposite party has not turned up before the Forum and moreover the notice returned as addressee left India.  Therefore, this Forum may found that this petition is not maintainable before this Forum and to be dismissed.  The respondent (complainant in the original case) not filed any objection but opposed the maintainability petition before the Forum.  We heard both side regarding the maintainability raised by 1^st and 2^nd opposite party in this case.  It is found that the office of 1^st and 2^nd opposite party is situated at Triruvananthapuram and the treatment of the complainant was also taken place at Thiruvananthapuram.  It is also admitted that the premilinary claim of the complainant is issued from Thiruvananthapuram office of the opposite parties.  At the time of hearing, the petitioner of the I.A submitted the decision of our Hon’ble Supreme Court.  The citation of the said decision in Supreme Court cases No.135/10.  The dictum of the case is as follows:-  “Consumer Protection – Consumer Forums – Jurisdiction- Territorial Jurisdiction of State Commission – Place of filing complaint-Expression “branch office” in S.17(2)(b), CP Act, 1986 – Filing of complaint anywhere where branch office of opposite party situated – Permissibility –Held, expression “branch office” would mean branch office where cause of action has arisen but not each and every brancxh office of opposite party wherever it is situated – Insurance policy taken at Ambala (Haryana) but claim for compensation made at Chandigarh contending that respondent has a branch at Chandigarh, hence complaint could be filed at Chandigarh – Held, such interpretation leads to absurdity and bench arose at Ambala, State Consumer Redressal Commission, Haryana alone will have jurisdiction to entertain the complaint- Consumer Protection Act, 1986 – S.17(2)(b)9as amended w.e.f.15.03.2003)-Civil Procedure Code, 1908 – S.20- Corporate Laws – Company Law – Jurisdiction – Territorial jurisdiction ” .

                4. On the other hand, the complainant (respondent herein) also submitted a decision reported in 2003 KHC 3813.  When we peruse the decisions cited by both side we found that as per the decision reported by Hon’ble Supreme Court in SCC No.135/10 the petition before this Forum has to be returned for redressing the grievances of the complainant.

                5. In the result, we pass the following orders:

1. The complaint filed by the complainant is returned to the complainant to file this case before the proper Forum.
2. No order of cost.

        Declared in the Open Forum on this the 24^th day of June, 2015.

                                                                        (Sd/-)

                                                        P. Satheesh Chandran Nair, 

                                                                    (President)

Smt. K.P. Padmasree (Member)         :   (Sd/-)

Appendix – Nil.

                                                                       (By Order)

                                                                           (Sd/-)                   

                                                              Senior Superintendent.

Copy to:-  (1) Claims Manager, Star Health & Allied Insurance

                     Co. Ltd., Chennai, Tamilnadu.

(2) Zonal Manager, Star Health & Allied Insurance Co. 

                     Ltd., Thiruvananthapuram.                      

                (3) Shaji. T.G, Thuruthiyil Veedu, Konnamonkara,

                     Adoor.

                (4) The Stock File.