Haryana

Yamunanagar

CC/103/2016

M/s Shivam Wood Industries - Complainant(s)

Versus

The Oriental Insurance Company - Opp.Party(s)

S.C.Jindal

11 Jul 2018

ORDER

CC No.103 of 2016.

M/s Shivam Wood industries vs. OIC.

 

Present:Sh.S.C.Jindal, Adv. for complainant.

            Sh.Rajiv Gupta, Adv. for Ops.

           

             Today the case is fixed for reply and consideration on the application filed by the OP on 3.7.2018 requesting this Forum to reject/dismiss the present complaint on the ground of pecuniary jurisdiction.  It has been averred in the said application that the complainant is having three insurance policies bearing No.214584, 214585 and 214586 valid w.e.d.31.5.2013 to 30.5.2014 for sum assured of Rs.5,00,000,00/- (five crore).  It is further averred that this Forum has got no pecuniary jurisdiction to entertain the complaint beyond 20 lacs as held by the Hon’ble National Commission in case titled as Ambrish Kumar vs. Ferrous Infra Structure Pvt. Ltd.

                On the other hand the ld. Counsel for the complainant instead of filing the reply to the above mentioned application suffered a statement that as per the order of the Hon’ble National Commission on the point of pecuniary jurisdiction he wants to withdraw the present complaint with the liberty to file a fresh complaint before the appropriate authority.

            Heard.  In view of the statement made by the ld. counsel for the complainant, the present complaint stands dismissed as withdrawn with the liberty to file a fresh complaint before the appropriate authority if so advised.  Exemption of time spent before this Forum is granted in terms of the judgment of Hon’ble Supreme Court in case titled as “Luxmi Engineering Works vs. PSG Industrial Institute (1995) III SCC P.583”.  Copies of this order be supplied to the parties concerned free of costsFile be consigned to record-room after due compliance.

Announced:11.7.2018.                

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