IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

SRI. C.V. MARGOOR,PRESIDENT

ORDER ON ADMISSION

1. This complaint filed by Mr. C.P. Muthanna s/o. late C.S.Poonacha, resident of Ammangala Estate, Kodagu District against the opponents with a prayer to replace the Scala car on payment of difference amount, award compensation due to the negligence of the opponents i.e. parking fee of Rs.350/- per day and cost of this proceedings.  The opponent no.1 is New India Insurance Company Ltd., Regional Office situated at Bengaluru. Opponent no.2 Claim Division, New India Insurance Company Ltd., situated at New Delhi and opponent no.3 is the Head Office, New India Insurance Company Ltd., situated at Mumbai.  The complainant is the owner of Renault/Scala Car bearing registration No.KA 12 P 6624 of 2012 model.  That on 06/03/2018 at 6-30 a.m. the complainant was coming from Bengaluru on National High Way No.75 mean time near Byrasandhra Village while avoiding a black dog the complainant lost his control over the vehicle and hit to the divider as a result three wheels and wheel guard damaged fully.  The complainant has reported the accident to Bellur Police Station, Nagamangala, Mandya District and case was registered in FIR No.56/2018 under Sections 279 and 337 of IPC.  At the time of accident the vehicle had insurance coverage for the period from 29/09/2017 to 28/09/2018 and the liability of the insurance company as per the policy is Rs.4,17,069/-.  The Surveyor of the Insurance Company estimated the repair cost at Rs.6,26,524/-.  The opponents did not respond to his claim petition inspite of the complainant two notice hence, this complaint.

2.  We heard the arguments advanced by the learned counsel for the complainant at the stage of admission.

3. The learned counsel for the complainant submitted that the son of complainant has paid the premium of Rs.9,779/- on online and the complainant’s son has made payment online from America.  The accident has taken place within the limits of Mandya District, Karnataka State.  The opponents’ office are at Bengaluru, New Delhi and Mumbai.  According to the averments of complaint the cause of action has taken place within the limits of Mandya District.  The insurance premium has not been paid within the limits of Kodagu District Consumer Forum.  On the contrary, online payment has been made by the son of complainant at America.  Therefore, this Forum has no territorial jurisdiction to entertain and dispose of the complaint since no part of cause of action has taken place within the territorial limits of this Forum jurisdiction.  Therefore, this Forum has no jurisdiction to entertain the complaint.  Accordingly, we proceed to pass the following;

O R D E R

1. The complaint filed by Mr. C.P. Muthanna s/o. late C.H. Poonacha, Ammangala Estate, Kodagu District is hereby dismissed for want of territorial jurisdiction. 
2. Return all the documents produced in this case to the complainant or his learned counsel.
3. Furnish copy of order to the complainant at free of cost.

(Dictated to the Stenographer, got it transcribed, corrected and pronounced in the open Forum on this 2^nd day of  FEBRUARY, 2019)

                                                      (C.V. MARGOOR)

                                                          PRESIDENT 

                                                   (M.C. DEVAKUMAR)

                                                           MEMBER