Present : Counsel for the complainant

Complainant has filed this complaint against TATA AIG General Insurance Co. Ltd. . In this complaint, there is only one opposite party and its address is mentioned as Ganpatrao Kadam Marg Lower Parel, Mumbai-400013. This Forum has no territorial jurisdiction to entertain this complaint against the present opposite party because the opposite party does not actually and voluntarily resides or carry on business or has a branch office at Kapurthala. Section 11(2) of the Consumer Protection Act, 1986 defines jurisdiction of District Forum which reads as follows :

" (2) A complaint shall be instituted in a District

Forum 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 o

of the complaint, actually and voluntarily resides or (carries on

business or has a branch office of ) personally works

for gain or

(b)any of the opposite parties, where there are more than one

at the time of institution of the complaint,

actually and voluntarily resides or (carries on

business or has a branch office of ) personally works

for gain provided that in such case either the

permission of District Forum is given, or the opposite

parties who do not reside, or (carry on business or have

a branch office) or personally works for gain, as the case

may be, acquiesce in such institution or

(c) the cause of action, wholly or in part, arises."

From the perusal of Section 11(2) of the Act, it is clear that this Forum has no territorial jurisdiction to entertain and adjudicate the present

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complaint.. So this complaint is dismissed and the complainant is at liberty to file the complaint on same cause of action against the opposite party in any Forum/Court having territorial jurisdiction within period of limitation. File be consigned to record room.

Member Member President.