Order No. 05 Dated : 13.01.2020
Today is fixed for Admission hearing
Neither the complainant nor their Advocate is present on 2nd call. It is about 12.30 PM. Perused the complaint petition coupled with its annexure thereto.
The complainant filed the instant consumer case against the Divisional Manager, National Insurance Company Ltd. Berhampur Divisional Office, Murshidabad and others on the allegation of deficiency in service in a dispute of nonpayment of claim in respect of Marine Cargo Open Insurance Policy.
On perusal of the cause title of the consumer complaint, it appears that the OP 1 is carrying on business outside the territorial jurisdiction of this Forum. The amended section 11(2) of the Act reads as follows :
(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction:-
(a) the OP or each of the OPs, 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 or personally works for gain; or
(b) any of the OPs 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, or personally works for gain, provided that in such case either the permission of the District Forum is given or the OPs who do not reside, or carry on business or has 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, a rises.
Complainant filed an application dated 27.09.2019 U/s11 (2) (b) of the CP Act, 1986.
In our considered view, that will not help the case of the complainant as the complainant obtained Marine Cargo Open Insurance Policy from OP-1/ Divisional Manager, National Insurance Company Ltd., Berhampore Divisional Office within the district of Murshidabad. It will mean that even if a cause of action has arisen in Howrah, then too complainant can file claim petition in Barasat or Krishnanagar or anywhere in West Bengal where a Registered / Regional Office of National Insurance Co. Ltd. is situated. It will lead to absurd consequences and lead to bench hunting. In our opinion, the expression Registered / Regional Office in the amended Section 11 (2) would mean the branch office where the cause of action has arisen. No doubt this would be departing from the plain and literal words of Section 11 (2) (b) of the Act.
In the present case since cause of action arose at Berhampor, within the district of Murshidabad alone will have jurisdiction to entertain the complaint.
For the reason stated herein above, we are not inclined to allow the prayer of the complainant U/s 11 (2) (b) of the C.P. Act 1986. Thus, the MA being No. 542 of 2019 is not tenable and rejected . Accordingly MA being No. 542 of 2019 is disposed of.
The complaint is not admitted as this Forum have no territorial jurisdiction to entertain the complaint.
Liberty be given to the complainant to approach their grievance before the competent Forum having its territorial jurisdiction, if so desired.
