BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

                                                                   CONSUMER COMPLAINT NO.156 of 2015

DATE OF INSTITUTION: - 29.05.2015

DATE OF ORDER: -29.03.2016

Rakesh Kumar son of Shri Raghunath Ram, resident of House No. 113, Ward No. 5, Bhugiyan Road, Tosham, Tehsil Tosham, District Bhiwani.

    ……………Complainant.

VERSUS

1. Tata AIG General Insurance Company Limited having its registered office at Peninsula Corporate Park, Tower A, 15^th Floor, G.K. Marg, Lower Parel, Mumbai-400013 through its authorized signatory.
2. Tata AIG General Insurance Company Limited, having its branch office at 301-308, 3^rd Floor, Aggarwal Prestige Mall 3^rd Floor, Plot No. 2, Road No. 44, Near M2K Cinema, Rani Bagh, Main Road, Pitampura, New Delhi-110034 through its Branch Manager.

………….. Opposite Parties.

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT

BEFORE :-  Shri Rajesh Jindal, President

Smt. Ansuya Bishnoi, Member

Present: - None for the complainant.

ORDER:-

Rajesh Jindal, President:

                    This case is pending for the presence of the counsel for the complainant since after the filing of this case at the admission stage.  The case has been adjourned several times to afford opportunity to the complainant or his counsel to appear in this case but none appeared.         

2.                The brief facts of the case are that the complainant has filed  this complaint against the Ops Tata AIG having registered office at Mumbai and branch office at New Delhi as Ops no. 1 & 2 respectively.  As per the allegation of the complainant his vehicle in question was stolen on 08.09.2013 and FIR in this regard was lodged with the police station Aravali Vihar, District Alwar (Rajasthan).

3.                Admittedly the opposite party has no branch office within the territorial jurisdiction of this District Forum.  According to the provisions of Section 11 (2) of the Consumer Protection Act “a complaint can be instituted in a District Forum where the opposite party carries on business or has a branch office or the cause of action arises.  In this case neither the opposite party has any branch office within the territorial jurisdiction of this District Forum nor any part of cause of action arisen within the territorial jurisdiction of this District Forum.  In view of the facts, stated hereinabove, and the law laid down by Hon’ble Supreme Court of India in case of Sonic Surgical Versus National Insurance Company Ltd. 2010 (1) RCR Civil 1 the complaint of the complainant is dismissed for want of territorial jurisdiction.  The complainant shall be at liberty to take recourse in competent Forum/Court as per provisions of law, if so advised. The complainant may take the shelter of the law laid down by the Hon’ble Supreme Court of India titled as Laxmi Engg. Works Vs P.S.G. Industrial Institute-II (1995) CPJ-I Supreme Court on the point of limitation. Certified copies of the order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated: 29.03.2016.                                           (Rajesh Jindal)

                                                                             President,   

                                                                   District Consumer Disputes

                                                                   Redressal Forum, Bhiwani.

(Ansuya Bishnoi)            

      Member.