ORDER Dated: 01-03- 2017

Mohd. Anwar Alam, President

1. Complainant is a proprietorship firm filed this complaint on 14.02.2017

through partner Shri Yudhistira Kapoor. Para no. 4 of this complaint clarify

that complainant had taken a Marine Cargo Open Policy bearing no

040400/21/13/02/00000020 valid from 02.06.2013 to 31.05.2014 for Rs. 10

crores. In this complaint although it is prayed that OP be directed to pay to

the complainant a sum of Rs. 9,87,087/- in terms of the policy along with

interest @ 18% p.a. from the date of said loss till realization along with the

compensation of Rs. 2 Lacs.

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2. We have heard the arguments on pecuniary jurisdiction of the forum and

considered the documents placed on record by the complainant.

3. Hon’ble National Commission vide order dated 07.10.2016 passed in C. C.

No. 97/2016 with regard to the reference dated 11.08.2016 relating to issue

numbers (i) to (iv) decided the pecuniary jurisdiction as under:-

“(i) It is the value of the goods or services, as the case may be and not the

value or cost of removing the deficiency in the service which is to be

considered for the purpose of determining the pecuniary jurisdiction.

(ii) The interest has to be taken into account for the purpose of determining

the pecuniary jurisdiction of a Consumer Forum.

(iii) The consideration paid or agreed to be paid by the consumer at the time

of purchasing the goods or hiring or availing of the services, as the case may

be, is to be considered, along with the compensation, if any, claimed in the

complaint, to determine the pecuniary jurisdiction of a Consumer Forum.

(iv) In a complaint instituted under section 12 (1) (c ) of the consumer

protection Act, the pecuniary jurisdiction is to be determined on the basis of

aggregate of the value of the goods purchased or the services hired or

availed by all the consumers on whose behalf or for whose benefits the

complaint is instituted and the total compensation claimed in respect of such

consumers.”

4 As per settled legal position regarding pecuniary jurisdiction decided by the

Hon’ble National Commission in the aforementioned order and total value

of services hired from the insurance company is to be considered insured

as policy purchased by complainant is for Rs. 10 Crores therefore we are of

the considered opinion that this forum has no pecuniary jurisdiction to

entertain this complaint and this complaint is not maintainable in this forum

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under the provisions of Consumer Protection Act 1986 and dismissed

accordingly. Complainant is directed to approach appropriate forum as

complainant thinks fit for redressal of his grievance.

5. As requested copy of complaint be kept for record and rest of documents be

returned to the complainant.

6. Copy of the order made available to the complainant free of cost as per law.

File be consigned to record room.

Announced on………