Chandigarh

DF-II

CC/700/2020

Rehan Khan - Complainant(s)

Versus

United India insurance Co.Ltd. through its Regional Manager, Regional Ofice - Opp.Party(s)

Adv. Nirmal Singh Jagdeva

06 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	700/2020
Date of Institution	:	21.12.2020
Date of Decision	:	06.09.2023

 

                     

            

 

Rehan Khan s/o Izhar Khan r/o H.No.1937-C, Small Flats, Dhanas, Chandigarh.

                 ...  Complainant.

Versus

1.  United India Insurance Company Ltd., through its Regional Manager, Regional Office: SCO 123-124, 3^rd Floor, Sector 17-B, Chandigarh. 

 

2.  United India Insurance Company through its Branch Manager, First Floor, Near PNB G.T. Road, Morinda, Distt. Ropar-140101, Punjab.

…. Opposite Parties

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
PRESENT:-
	Mr.N.S.Jagdeva, Counsel for complainant Mr.Sukaam Gupta, Counsel for Ops.

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.     The complainant has filed the present complaint under Section 35 of the CPA pleading that the complainant availed GVC public Carrier other than three wheeler package insurance policy  qua the vehicle bearing registration No.CH-01-TA-7869 which was valid from 29.04.2019 to 28.04.2020 for an IDV of Rs.2,00,000/- by paying the premium of Rs.15948/- . It has been averred that besides the cover note, the terms and conditions of the insurance policy has not been received by him. At the time of obtaining the policy, he was residing at Burail Colony No.5, Chandigarh.  On 06.01.2020 when the complainant and Nadeem cousin had to stay at Phase-10, SAS Nagar, Mohali, he was informed that the vehicle had caught fire and he and his family visited the spot and he with the help of local people tried to put off the fire but the vehicle was completely burnt. The fire brigade was not called because the fire was brought under control with the help of the local people. The complainant intimated the OPs on 07.01.2020 and the surveyor was deputed and the estimate to the tune of Rs.7,08,139/- was prepared.  The complainant submitted the claim with the requisite documents with the OPs but the same was closed on 20.07.2020 on the account of absence of proof of payment of Tax of Punjab State. The complainant has further averred that the OPs have wrongly and illegally repudiated the claim because he had purchased the vehicle from Chandigarh and paid the Tax to the RTO, Chandigarh and therefore, the legal notice dated 16.11.2020 was served upon the OPs but all in vain. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint praying for setting aside the order dated 20.07.2020 and directing the OPs to release the claim with interest, compensation for mental agony and physical harassment as well as litigation expenses.
2.     After service of notice, the OPs appeared before this Commission filed written version and the OPs have admitted that the vehicle in question was insured for IDV of Rs.2.00 lakhs as per the insurance policy (Annexure C-3). However, the OPs took the preliminary objection that this Commission has got no territorial jurisdiction to try and entertain the complaint as no cause of action took place  within the jurisdiction of this Commission and that the policy qua the vehicle in question was issued from Morinda, Punjab and even the loss took place at Phase 10, Mohali and  above all even as per the provisions of the new Consumer Protection Act, 2019, the present address of the complainant is also of Mohali, Punjab, however the address as mentioned in the policy is of Chandigarh but that was at the time of purchasing the policy on 29.04.2019 but later on prior to the present accident as involved in the present case, the complainant shifted to Mohali, Punjab and said fact is admitted by the complainant in paras No.5 and 14 of the complaint.  It has further been stated that the complete terms and conditions were supplied to the complainant. It has further been contended that since the loss was occurred within the jurisdiction of Punjab and therefore, he was asked to provide the proof of payment if any paid to Punjab Govt. for plying the vehicle in question in the State of Punjab as the vehicle in question was registered as commercial vehicle but he failed to do so and as such the claim was rightly repudiated vide letter dated 20.07.2020.  It has further been stated in case the complaint is allowed then its maximum liability comes to Rs.1,49,500/- as the claim was assessed on “net of salvage basis”. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on their part, a prayer for dismissal of the complaint has been made.
3.     The complainant filed replication to the written reply of the Opposite Parties controverting their stand and reiterating his own.
4.     We have heard the Counsel for the parties and have gone through the documents on record including written arguments.
5.     The OPs took the preliminary objection  in para No.2 of the written version that the present complaint deserves to be dismissed on the ground that this Commission has got no territorial jurisdiction to try and entertain the complaint as no cause of action took place  within the jurisdiction of this Commission and that the policy of the vehicle in question was issued from Morinda, Punjab and even the loss took place at Phase 10, Mohali and  above all even as per the provisions of the new Consumer Protection Act, 2019, the present address of the complainant is also of Mohali, Punjab, however the address as mentioned in the policy is of Chandigarh but that was at the time of purchasing the policy on 29.04.2019 but later on prior to the present accident as involved in the present case, the complainant shifted to Mohali, Punjab and said fact is admitted by the complainant in paras No.5 and 14 of the complaint. 
6.     Taking into consideration the aforesaid preliminary objection of the OPs, the question of territorial jurisdiction of this Commission needs to be addressed first.
7.     From the perusal of the documents on file, it is clear that the complainant is  residing at Mohali on the date of institution of the present complaint as revealed from para No.5 read with para No.14 of the complaint itself.  The complainant has himself placed on record a copy of the letter dated 20.04.2020(Annexure C-11) wherein the address of the complainant is mentioned as “Mr.Rehan Khan s/o Mr.Izhar Khan, r/o H.No.1309-B, Phase-X, Mohali-160062”. Moreover the legal notice dated 06.11.2020 (Annexure C-12) sent by his Counsel Sh.N.s.Jagdeva, Advocate also proves that the complainant was residing at the above mentioned address of Mohali. The complainant has failed to prove on file that he is resident of H.No.1937-C, Small Flats, Dhanas, Chandigarh or H.No.1831, K-Block, Burail Colony No.5, Chandigarh in any manner on the date of filing the complaint. The complainant in para 5 of the complaint mentioned that Burail Colony No.5, Chandigarh had been demolished by the Chandigarh Administration and he shifted to H.No.1937-C, Small Flats, Dhanas, Chandigarh but he failed to place on record any document to this effect. It is also observed that the complainant is giving false address only to create the territorial jurisdiction of this Commission. Moreover, the documents placed on record by the complainant themselvwes prove that he is resident of District Mohali at the time of institution of the complaint. Annexure C-2 which is a copy of the Indian Union Driving License of Punjab State issued to the complainant also proves the address of the complainant at SAS Nagar, Mohali in the State of Punjab. In general diary details (Annexure C-5), the same address of the complainant i.e. SAS Nagar, Mohali (Punjab) and not of Chandigarh has been mentioned. The legal notice dated 06.11.2020 (Annexure C-12) sent by his Counsel Sh.N.S.Jagdeva, Advocate to the OPs reads as under:-

“I the undersigned on behalf of my client Mr.Rehan Khan s/o Mr.Izhar Khan, r/o H.No.1309-B, Phase-X, Mohali-160062 hereby serve upon you the following legal notice”.

         Moreover, the letter of closure of claim dated 20.07.2020 (Annexure C-11) was also sent by the OPs at the above mentioned address i.e. H.No.1309-B, Phase-X, Mohali-160062 of the complainant. So all these documents i.e. Annexures C-2, C-5, C-11 and C-12 placed on record by the complainant and even the complainant himself admitted in these documents that he is residing at SAS Nagar, Mohali (Punjab). Though the present complaint deserves to be dismissed with costs yet taking a lenient view, we do not impose any cost upon the complainant.

8.     Keeping view the facts and circumstances of the present case, the complaint stands dismissed for want of territorial jurisdiction. The Registry is directed to return the complaint along with documents annexed therewith to the complainant, after retaining its certified copies. The complainant is at liberty to get his grievances redressed through alternative remedy, permissible under law and the time spent herein may stand commuted/condoned for the purpose of limitation.
9.     The pending application(s) if any, stands disposed of accordingly.
10.     Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced 06/09/2023
	Sd/-  (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (B.M.SHARMA) MEMBER