West Bengal

Kolkata-II(Central)

CC/292/2017

Brijmohan Mourya - Complainant(s)

Versus

The Manager, Future Generali India Life Insurance Co. Ltd. - Opp.Party(s)

Kushal Banerjee

03 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/292/2017
 
1. Brijmohan Mourya
Premises no.P-5, Hari Mohan Ghosh Road, P.O.and P.S. Garden Reach, Kolkata-700024 and Gram-Dodopur, Nizamabad, Azamgarh, Uttar Pradesh-276206, India.
...........Complainant(s)
Versus
1. The Manager, Future Generali India Life Insurance Co. Ltd.
Chitrakut Building, Premises no.230A, A.J.C.Bose Road, P.S. Bhawanipur, Kolkata-700020, West Bengal.
2. Rajesh Singh Yadav
Premises no.2, Hari Mohan Ghosh Road, West Bengal, P.O and P.S. Garden Reach, Kolkata-700024.
3. Bhim Bahadur Bish Karma
Ward no3,Vishal Nagar,Post-UP Maha Nagar Palika, Vill-Dhangadhi, Dist-Kailali,State -Nepal,through The office of the Hon'ble Consolate General of Nepal 1,National Libary Avenue,P.S.Garden Reach,Kol-24
4. Prem Bahadur Bish Karma
Ward no.14,Vill-Bhuliwari,Tauli Bazar,Seti Anchal,Post-UP Maha Nagar Palika,Vill-Dhangandhi,Dist-Kailali,State-Nepal.
5. Lali Devi Bish Karma (Kami)
Ward no.3,Vishal Nagar,Post-UP Maha Nagar Palika, Vill-Dhanadhi, Dist-Kailali,State -Nepal,through The office of the Hon'ble Consolate General of Nepal 1,National Libary Avenue,P.S.Garden Reach,Kol-24
6. District Police Head Quarter, Ministry of Hoem Afairs, Govt. of Nepal
Vill-Dhangadhi, Dist-Kailali,State -Nepal through The office of the Hon'ble Consolate General of Nepal 1,National Libary Avenue,P.S.Garden Reach,Kol-24.
7. District Police Office, Ministry of Hoem Affairs, Govt. of Nepal
Vill-Dhangadhi, Dist-Kailali,State -Nepal,through The office of the Hon'ble Consolate General of Nepal 1,National Libary Avenue,P.S.Garden Reach,Kol-24
8. Seti Zonal Hospital, A Govt. Enterprise under Ministry of Health
Vill-Dhangadhi, Dist-Kailali,State -Nepal,through The office of the Hon'ble Consolate General of Nepal 1,National Libary Avenue,P.S.Garden Reach,Kol-24
9. Sai Multispeciality Hospital and Trauma Centre
Kaladhungi Road, Mukhami Chauraha, Haldwani (Nainital), State-Uttarakhand, India.
10. Kailash Hospital and Heart Insititute
Corp. office H-33, Sector-27, Noida, Uttar Pradesh-201301, India.
11. Maynak Enterprises
Regd. office Premises no.10A, Mominpore Road, Ground Floor, P.S. Hastings, Kolkata-700023, India.
12. The Manager, (IRDA)Insurance Regulatory and Development Authority of India
Regd. office 3rd Floor, Parsirama Bhavan, Basheer Bagh, Hyderabad-500004, Telengana State (India).
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. KAMAL DE PRESIDENT
 HON'BLE MRS. Sangita Paul MEMBER
 HON'BLE MR. Rabi Deb Mukherjee MEMBER
 
For the Complainant:Kushal Banerjee, Advocate
For the Opp. Party:
Dated : 03 Aug 2017
Final Order / Judgement

Complainant is present through Ld. Lawyer.

            The case is taken up for admission hearing.

            Heard. Considered.

            Perused the petition of complaint and Annexures thereof. It appears that the Complainant is not the insured under the Insurance Company. Moreover, the case relates to third party claim arising out of accidedntal injury.

 The incident took place in Nepal. Moreover, it appears that the Complainant entered into an agreement with OP-2 for payment of medical expenses under the provision of Law of Compensation prevailing in the country of Nepal. We do not think that the Complainant is a consumer as defined in CP Act. The case, as such, is not admitted.

            Further, we find that most of the OPs have addresses in Nepal being a different country and not within the jurisdiction of this Forum. We are not inclined to accord permission u/s 11(2) (b) of CP Act.

 Accordingly the M.A. No. 175/17 is not also entertained and is rejected.

 As the case is not admitted, the M.A is consequently rejected.

Hence,

Ordered

That the instant case be and the same is dismissed being not maintainable in CP Act.

            No order as to cost.

 
 
[HON'BLE MR. KAMAL DE]
PRESIDENT
 
[HON'BLE MRS. Sangita Paul]
MEMBER
 
[HON'BLE MR. Rabi Deb Mukherjee]
MEMBER

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