Consumer Case No.12/S/2017

     This case is taken up today for exparte order.

The facts of the case in brief are that the complainant is the registered owner of the vehicle being No.WB-74V-6346 (Maruti Echo) and the said vehicle was duly insured with the OPs Cholamandalam MS General Insurance Company Ltd. vide Policy No.3362/00898645/ 000/00 valid from 12.03.2014 to 11.03.2015.  The complainant is the driver of the said vehicle having Driving Licence No.WB6152/83 B83 valid upto 26.06.17.  On 26.07.2014 while the complainant was driving his vehicle from his residence at Rambhi Bazar to Siliguri on the way an accident occurred near Sweti Jhora bridge and the vehicle fell down into river Teesta from hill area but somehow the complainant escaped.  The complainant could not trace out the vehicle and in this regard one FIR was lodged before O.C., Reang Police Out Post under P.S.- Kalimpong, Dist.- Darjeeling vide GDE No.653 dated 27.07.2014.  Police enquired into the matter visited the spot but they could not trace out even any part of the vehicle and as such could not start any specific case against the FIR but they only note down in their GD Entry Book being GDE No.653 dated 27.07.2014.  The complainant then lodged an insurance claim to the OP vide claim no.3362234612 and one surveyor was engaged by the OP who collected all relevant documents from the complainant and visited the place of occurrence.  On 21.01.2015 the complainant received one letter from the OP asking FIR and court approved Police Final Report in respect of non traceable of the vehicle though complainant supplied the copy of FIR, Xerox copy of GD Entry to the OP.    Complainant visited on various occasions to the office of the OP No.1 to know about the claim status but the OP did not take any initiative for the settlement of the matter.  After waiting for a reasonable period, the for the reply of the OPs, the complainant through his advocate served a notice dated 16.04.2016 to the OP demanding to clear the claim amount along with other monetary reliefs but in spite of receipt of the notice, the OP did not pay any heed to satisfy the said untraced vehicle claim.  Lastly, on 05.01.2017 the complainant went to the office of the OP No.1 and asked regarding his claim and after hearing all the matter from the complainant, the Branch Manager flatly denied to settle the matter.  The OP indulged in fair trade practice and such negligency and repudiation of a genuine claim of the complainant by the OP resulting a huge loss to the complainant. Accordingly, complainant filedthe instant case for giving direction upon the OPs to pay a sum of Rs.2,19,631/- towards the value of untraced vehicle and Rs.1,70,369/- towards compensation for mental pain, harassment, business loss etc. together with litigation cost.                  

The case was admitted and notice was served upon the OPs and the OPs entered appearance, but failed to submit the written version within the statutory period and accordingly the case is taken up for exparte hearing.                   

Complainant has filed the following documents :-

1. Copy of Registration Certificate of vehicle No.WB-74V-6346.
2. Copy of Tax Token of Vehicle No.WB-74V-6346 (Maruti Echo).
3. Copy of Insurance Policy being No.3362/00898645/000/00.
4. Copy of Driving Licence No.WB 6152/83 B 83 (2 sheets).
5. Copy of F.I.R. dated 27.07.2014 & Copy of Police report dated 08.03.2016.
6. Copy of Motor Insurance Claim Form (4 sheets).
7. Copy of Letter issued by the OP dated 21.01.2015.
8. Copy of Lawyer’s letter vide Ref. No.SG/1/2016 dated 16.04.2016.
9. Copy of two Postal Receipts dated 16.04.2016 issued by Siliguri Head Post Office. 

On perusal of the complaint we find that the OP No.1 Cholamandalam MS General Insurance Company Ltd. has its office situated at behind Sona Wheels, 3^rd Mile, Sevoke Road, Siliguri-01 and the office of the OP No.2 Cholamandalam MS General Insurance Company Ltd., situated at Chhabildas Tower, 3^rd Floor, 6A, Middleton Street, Kolkata – 700 071.  3^rd Mile, Sevoke Road, Siliguri -01 is situated under P.S.- Bhaktinagar, Dist.- Jalpaiguri.  The complainant did not disclose under which Police Station the OP No.1 has its office.  The address of OP No.2 is at Kolkata.  So, we find that both the offices of the OPs situated outside the territorial jurisdiction of this Forum and none of the OPs have their office situated within the jurisdiction of this Forum. 

In this connection, we like to mention the Notification No.2906-CA/ESTT/O/5C-17/13 dated 07.10.2015 of the Consumer Affairs Department, Govt. of West Bengal, which runs as follows :-

“In exercise of the power conferred by section 9 of the Consumer Protection Act, 1986 and in supersession of all previous notifications on the subject, the Governor is hereby pleased to prescribe for the purposes of the said Act that the local limits u/s 11 of the Act ibid of District Forum, as specified in column 2 of the table below, shall include the areas as mentioned in the corresponding entries in column 3 of the table below”.

                  SCHEDULE

After going through the record and submission of the ld advocate of the complainant and on perusal of the Notification we find that this case is not maintainable for want of territorial jurisdiction. 

In the result, the case fails.

Hence, it is

                             O R D E R E D

that the Consumer Case No.12/S/2017 is dismissed being not maintainable under Section 11 of Consumer Protection Act, 1986.

Copies of the judgment be supplied to the complainant free of cost.