IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.  CC/130/2011.

 Date of Filing:              26.07.2011.                                                                         Date of Final Order: 16.07.2015.

Complainant:              Sukumar Banerjee, Director,

M/s Anaya Rice Mill (Pvt.) Ltd.,

                                    S/O Late Sisir Kuamr Banerjee, Vill. Augram,

                                    P.O. Debiparulia, P.S. Khargram, Dist. Murshidabad, Pin: 731244.  

        Vs

Opposite Party:            United India Insurance Co. Ltd,

                                     Berhampore Branch Office, Berhampore, Murshidabad.

                       Present:  Sri Anupam Bhattacharyya   ………………….President.                                 

                                         Sri Samaresh Kumar Mitra ……………………..Member.

                                     Smt. Pranati Ali                        …………………. Member.            

FINAL ORDER

Sri Anupam Bhattacharyya,Presiding Member.

The instant complaint has been filed by the complainant u/s 12 of C.P. Act, praying for award amounting to Rs. 7,16,000/- as loss against the Insurance Policy and Rs.50,000/-towards compensation for mental pain and agony.

It appears from the prayer of claim petition that the complainant is a consumer under Op as the complainant insured several items of its rice mill like steam engine, Boilers, Diesel Engine etc for the period from 16.02.09 to 15.02.09. The Complainant paid a sum of Rs.55,523/- as premium. The Steam Engine was also insured and Rs.44,000/- was paid by the complainant as premium. The Steam Engine burst out on 30.06.09 and the complainant informed the matter to the OP. On 28.01.10 the OP by a letter repudiated the claim of the complainant.

The OP by his written version prayed for dismissal of the case as the said steam engine was manufactured 200 years ago and should not be covered without any proper valuation and inspection report. The loss occurred due to fatigue-ness of the said engine moving parts due to its old age condition.

During hearing on the point of maintainability, we found that this Forum has no pecuniary jurisdiction to proceed further with this case on merit as the insured engine was purchased on 13.06.07 for Rs. 44 lacs reveals from the compliant petition.                                                  Though the relief sought for in this compliant for the damage of the insured engine being burst out is for Rs.7,16,000/- but the value of the engine concerned is Rs. 44 lacs and the claim is relating to that engine and such we are to consider the value of that engine.

Accordingly, we have no other alternative but to conclude safely that this Forum has no pecuniary jurisdiction to proceed further with this case on merit and as such this case be disposed of for want of pecuniary jurisdiction.

Hence,

ORDERED

that the Consumer complaint No. 130/2010 be and the same is disposed of for want of pecuniary jurisdiction.

The petition of complaint be returned to the complainant with liberty to present the case before the appropriate forum.

There will be no order as to cost.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under registered past with A/D to the concerned parties as per rules, for information and necessary action.

                         Member                                     Member                                            President

            CDRF, Murshidabad.               CDRF, Murshidabad.                       CDRF, Murshidabad.