Delhi

New Delhi

CC/455/2016

Central Cottage Industries - Complainant(s)

Versus

The Oriental Insurance Company Ltd & Anr - Opp.Party(s)

05 Dec 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTRICT NEW DELHI,  M-BLOCK, 1^ST FLOOR,

VIKAS BHAWAN, I.P. ESTATE. NEW DELHI-1100001.

 

Case No.CC.455/2016                                       Dated:

                      In the matter of:

1.           Central Cottage Industries Corporation of India Ltd.(CCIC),

Through its Authorized Representative Sh. Brij Mohan,

      Jawahar Vyapar Bhawan,

         Janpath, New Delhi-01.

 

2.         Uttam Singh,

Shop Assistant(CCIC),

Jawahar Vyapar Bhawan,

      Janpath, New Delhi-01.

           ……..COMPLAINANTS

VERSUS

The Oriental Insurance Co. Ltd.,

Through The Chief Regional Manager,

Corporate Business Regional Office,

             4^th Floor(Rear Potion)

Jeevan ViharBuilding, Sansad Marg,

New Delhi-110001.

 

Opposite Party.

NIPUR CHANDNA, MEMBER

ORDER

 

The complainant has filed the present complaint against the O.P. under section 12 of Consumer Protection Act, 1986,  alleging  in the deficiency in services. 

 

2.     Complaint has been contested by OP.   OP denied any deficiency in service on its part.  Both the parties have filed their evidence by way of Affidavit. 

3.     We have heard the arguments advance at the Bar.  

4.     Perusal of the file shows that against the policy in question, the complainant’s had paid a premium of Rs.43,05,414/-, hence the present complaint is not maintainable before this Forum on the ground of pecuniary jurisdiction as per recent judgement of Hon’ble National Commission case titled as M/S Maharani of India Vs. Branch Manager, United India Insurance Co. Ltd. in  R.P. No. 1794/17 on 11/01/2018 in which it was held that

“in case where an insurance policy is taken by a person he pays a premium to the insurer for hiring or availing its services. It is the premium paid by the insured to the insurer and not the extent of the sum insured which constitutes the agreed consideration, hence, premium paid to the insurer and compensation claim in the complaint would determine the pecuniary jurisdiction”.

 

5.     In view of the above discussion as well as the judgment cited above, we are of the considered view that in the present case, the premium paid as per the policy documents placed on record is  Rs.43,05,414/-, which is beyond the pecuniary jurisdiction of this Forum i.e Rs. 20 Lakhs, we hold that this District Forum has no pecuniary jurisdiction to entertain and adjudicate the present complaint. Let the complaint be returned to the complainant along with documents for presenting before the competent District Forum in accordance with Law.

Copy of the order may be forwarded to the complainant to the case

free of cost as statutorily required. The orders be uploaded on www.confonet.nic.in    File be consigned to Record Room.

 

Announced in open Forum on  05/12/2019.

 

 

 

(ARUN KUMAR ARYA)

                                                     PRESIDENT

                    (NIPUR CHANDNA)                                                         (H M VYAS)

                                             MEMBER                                                               MEMBER