Delhi

New Delhi

CC/1064/2010

Rajesh Kumar Goyal - Complainant(s)

Versus

M/S. The New India Assurance Co.Ltd. - Opp.Party(s)

10 Jan 2020

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

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

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

 

C.C.No.1064/2010

 

Sh. Rajesh Kumar Goyal,

S/o Sh. Tulsi Ram,

R/o U-22, Ph.I,

Buddh Vihar, Delhi.

                               ….Complainant

Vs.

 

The  New India Assurance Co.,

2^nd Floor, Jeevan Deep Building,

8, Parliament Street, New Delhi.

 

Opposite Party

 

ARUN KUMAR ARYA, PRESIDENT

 

O R D E R

 

 

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant is the owner of vehicle bearing registration No. DL-5CH-1139 .  The said vehicle was insured with OP vide Insurance policy No.460203620  for the period from 15.11.2009 to 14.11.2010.  On 19.11.2009, the said vehicle fell into a big pit and  badly damaged  near Gujaraula PS  Kumrla police chowki.  The complaint was given in P.S. Gujaraula Distt. J.P.Nagar.  The vehicle after recovery was got repaired at Excel Automobiles Sec.15, Rohini.  Intimation was given to the OP regarding the accident of vehicle, who appointed a surveyor.  As all parts of vehicle  was to be replaced, hence,  were purchased from another shop of Maruti and a sum of Rs.1,93,444/- were spent, the OP was requested to release the payment but OP issued a cheque of Rs.72,000/-. The complainant had regularly following up the balance claim with the OP but no action was taken by it hence this complaint.

2.    Complaint has been contested by the OP.  Counsel for OP strongly challenged the territorial jurisdiction, hence, need to be decided first.

 

3.     It is submitted by the counsel for OPs that  policy was issued from the Parliament street, New Delhi, office of OP which does not fall within the territorial jurisdiction of this Forum.   The cause of action i.e. service/repairing of said vehicle was carried out  from the Wazirpur Road, Delhi-94  which also does not fall within the territorial jurisdiction of this Forum. Perusal of the file shows that the complainant has failed to place on record any documents which proves that any cause of action or part of it arose from the office of the OP situated at Connaught Place, New Delhi, hence, neither the OP nor the cause of action arose within the  territorial jurisdiction of this District Forum.

4.     On the issue of territorial jurisdiction, we are guided by the Hon’ble National Commission in Revision Petition bearing No.575/18 was filed by the petitioner Sh. Prem Joshi against the order of Hon’ble State Commission dated 1.11.2017 titled as Prem Joshi Vs. Jurasik Park Inn, in which the Hon’ble National Commission held as under on 1/3/2018:-

“In terms of Section 11 of the Consumer Protection Act, a complaint can be instituted inter-alia in a District Forum within the local limits of whose jurisdiction the cause of action only or in part arises.  The case of the complainant is that the ticket for visiting the amusement park was purchased by him online in his office in Karol Bagh and it is the District Forum at Tis Hazari has territorial jurisdiction over the mattes in which cause of action arises in Karol Bagh.  The cause of action is bundle of facts which a person will have to prove in order to succeed in the Lis.  Therefore, in order to succeed in the consumer complaint, the complainant will necessarily have to prove the purchase of the ticket in entering amusement park situated at Sonepat.  Since the tickets was allegedly purchased at the office of the complainant situated in Karol Bagh, the Distict Forum having territorial jurisdiction over Karol Bagh area would have the requisite jurisdiction to entertain the consumer complaint”.

 

5.     Therefore, we hold that this District Forum has no territorial jurisdiction to entertain and adjudicate the present complaint in the light of the judgment of Hon’ble National Commission titled as Prem Joshi Vs. Jurasik Part Inn in Revision Petition No.575/18 and the legal position discussed above.  Let the complaint be returned to the complainant along with documents for presenting before the concerned 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 10/01/2020.

 

 

ARUN KUMAR ARYA)

PRESIDENT

 (NIPUR CHANDNA)                                                                                         (H M VYAS)

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