This case has been received by way of remand by the Hon’ble State Commission with a direction firstly to decide the territorial jurisdiction whether the complaint falls within the territorial jurisdiction of the District Forum, Gurdaspur and then to decide the complaint on merit.

2.       We have carefully gone through the pleadings of the parties; arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purpose of adjudication of the present complaint.

3.         From the pleadings and evidence on record, it is an admitted case of  both of the parties that the policy was issued from Mansa and the correspondence regarding the insurance claim was also with the Mansa Branch and the accident had taken place in Bihar. We find that so far as the Branch Office of the opposite party’s is concerned, no branch office of the opposite party at Guraspur has been made a party. As such no part of the cause of action has arisen within the jurisdiction of Gurdaspur District. Mere residence of the complainant in the District Gurdaspur does not confer the jurisdiction to this Forum. Even if the opposite party has its Branch office at Gurdaspur that does not confer jurisdiction on this Forum in view of the judgment of the Hon’ble Supreme Court in case “Sonic Surgical Versus National Insurance Company Ltd. 2009 (4) CPJ 40 (S.C.)” The Branch office where no material cause of action had arisen will not confer the jurisdiction. In the present complaint no part of the cause of action as required under section (1(2) of the Consumer Protection Act has occurred within the jurisdiction of the District Forum at Gurdaspur. From the entire above discussion and in view of the law laid down by the Hon’ble Supreme Court the present complaint is not maintainable in this Forum as this Forum has no territorial jurisdiction to decide this complaint and hence without expressing our opinion on the merits of the complaint, we order its dismissal with liberty to the complainant to file a fresh complaint before the Forum having territorial jurisdiction.

        (Naveen Puri)

                                                                           President.

ANNOUNCED:                                        (Jagdeep Kaur)

March 24, 2015.                                                Member.

*MK*