STATE CONSUMER DISPUTE REDRESSAL COMMISSION
BIHAR, PATNA
Complaint Case No.09 of 2023
Khaliqur Rahman, Son of Md. Safiqullah, Resident of Village- Baida, P.S.- Amas, District Gaya.
….….. Complainant
Versus
TATA AIG General Insurance Company Limited, 4th Floor, AMS Park Building Boring Road Crossing, Patna- 800001
….…… Opposite party
Before,
Hon’ble Mr. Justice Sanjay Kumar, President
Mr. Ramprawesh Das, Member
Mr. Shamin Akhtar, Member
Dated-18.08.2023
O r d e r
Sanjay Kumar,J: President
Learned counsel for the complainant and Opposite party are present.
Learned counsel for the Opposite party raises preliminary objection with respect to maintainability of the present complaint case before the State Commission as pecuniary jurisdiction is to be decided on the basis of consideration paid and not on the basis of claim made.
In Present case the pecuniary jurisdiction is to be decided on the basis of premium amount paid to the Insurance Company and not on the basis of insured amount.
The premium amount paid to the Insurance Company is Rs.21,687/- and pecuniary jurisdiction is to be determined on this amount, which is far less than the pecuniary jurisdiction of the State Commission as such present complaint case is not maintainable before the State Commission. However, liberty is granted to the complainant to approach the commission having territorial and pecuniary jurisdiction over the subject matter.
With aforesaid liberty the complaint case is dismissed as not maintainable.
Md. Shamim Akhtar Ramprawesh Das Sanjay Kumar,J
Member Member President
Mukund
