Heard ld. counsel appearing of the complainant . Today , is fixed for admission hearing & we have perused the complaint petition where the name of the Opp. party at 1 is recorded as TATA AIG General Insurance Co Ltd , 2nd floor, Constantia Building , 11 U.N. Brahmachari Road , Kolkata, West Bengal -700017, name & address of the complainant is recorded as M/S L.R. Steel , a partnership firm represented by one of its partners Sri Ranjit Kr Lohia, S/O- Sri Radhe Shyam Lohia, C/O- M/S L.R. Steel , Near Old Biedge Road, Haibargaon , A.T. Road, Nagaon , Assam-782002. Apparently , if we go through the complaint petition it appears , that the territorial jurisdiction of this commission doesnot cover the jurisdiction of the parties to the dispute . It is submitted by the ld. counsel for the complainant that cause of action arose within the jurisdiction of this commission & pointed out para-9 of the complaint petition , wherein he has pointed out that policy was issued to the complainant at Guwahati & rejection was also communicated at Guwahati & the cause of action arose on 23/2/2023 when the tyre were damaged & again on 3/3/2023 when the claim was rejected by the insurance company & continues to exist till date.
We have found that there is no mention about any address of the opp. pary in the cause title of the complaint. Even, no branch office of the opp. party company is added in the complaint petition as a party working at Guwahati. As well as none of the parties as per complaint petition is reside within the territorial jurisdiction of this commission . Secondly, if we go through the complaint petition, it appears that the cause of action arose on 23/2/2023 at about 8 AM at Roha Nagaon , when the vehicle of the complainant was coming from Nagaon to Guwahati . Moreover , if there was any repudiation of claim of the complainant from their office if any at Guwahati, then that office can easily be made a party in the complaint petition seeking redressal of the grievance , which is not done by the complainant.
The cause of action arose at Roha & the complainant have made the insurance company as a party to the proceeding , showing their jurisdiction at Kolkata & Nagaon District.
In the present complaint , no such office from Guwahati has been mentioned in the complaint petition as a party to the proceeding and we , do not found jurisdiction to entertain the complaint petition.
Accordingly, petition is dismissed for want of jurisdiction.