| Miscellaneous Application No. MA/1/2023 | | ( Date of Filing : 06 Feb 2023 ) | | In | |
| | | | 1. M.S. TAYAL ENTERPRISE | | M.S. TAYAL ENTERPRISE Represented by its Proprietor SRI VIJAY KUMAR AGARWAL S.O. Banwari Lal Agarwal, R.O. Back side of Dulari Devi Agarwals Residence, Narshing Das road, Tinsukia, P.O., P.S. and Dist. Tinsukia, Assam |
| ...........Appellant(s) | |
| Versus | | 1. THE NEW INDIA ASSURANCE CO. LTD. | | THE NEW INDIA ASSURANCE CO. LTD. Having its Registered head Office at New India Assurance Building, 87, Mahatma Gandhi, P.B. No.969, Fort, Mumbai, 400001. | | 2. GENERAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD. | | GENERAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD. Head Office New India Assurance Building, 87, Mahatma Gandhi, P.B. No.969, Fort, Mumbai, 400001. | | 3. THE REGIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD. | | THE REGIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD. Guwahati Regional Office G.S. road, Lachit Nagar, Guwahati, Assam, 781007 | | Assam | | 4. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD. | | THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD. Tinsukia Divisional Office 2nd Floor, Plaza Complex, Rangagora road, P.O., P.S. and Dist. Tinsukia, Assam, 786125. | | Tinsukia | | Assam |
| ...........Respondent(s) |
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| Final Order / Judgement | Both the sides are represented. Heard the learned counsel for both the sides on the instant misc. consumer case. A question was raised with regard to pecuniary jurisdiction of this Commission on the complaint filed by the complainant. It appears that as per para 3 of the instant petition that payment of premium of Rs.28,852/- was paid by the complainant, which is the value of the goods/services paid as consideration. The learned counsel, appearing for the opposite party submitted that he has no objection, if the complaint petition is registered so far as it relates to pecuniary jurisdiction of this Commission. The notification dated 30.12.2021 issued by the Ministry of Consumer Affairs, Food and Public Distribution states that - "3. Jurisdiction of District Commission - Subject to the provisions of the Act and in pursuance of proviso of sub-section (1) of Section 34 of the Act, the District Commission shall have the jurisdiction to entertain a complaint where the value of the goods or services paid as consideration does not exceed 50 lakh rupees." In view of the said provisions, it appears that this Commission has pecuniary jurisdiction to entertain the complaint as lodged by the complainant. As such, the instant misc. consumer case is allowed. The complaint petition filed by the complainant u/s.35 of Consumer Protection Act, 2019 be registered accordingly and notice be issued against the opposite party. The instant misc. case is disposed of accordingly. | |
