A.SAVITHRI Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The revision petitioner is the complainant in CC182/2008 before the District Forum, Kurnool.

(2.) Aggrieved by the order dated 09.01.2009 passed in IA 393/2008 in CC 182/2008 in dismissing the complaint on the ground that the complaint filed by her is not in consonance with the provisions of Sec. 11 of C P Act for want of territorial jurisdiction.

(3.) During pendency of the complaint in CC 182/2008, the OP. 3 filed petition Under Section 11 of C P Act. stating that the complainants have mischievously selected the District Forum which lacks territorial jurisdiction to entertain the complaint. The complaint is filed to suit their convenience. As per section 11 of CP Act, the District Forum has no territorial jurisdiction. Admittedly, the Insurance policy was issued by OP. 2 having its office at Alapperzha of Kerala State. The insured had taken the policy under group insurance scheme at Travencore Devoswom Board, Sabarimela , Kerala. While so, the death of the insured had taken place at Sabarimela, Kerala State. Further the claim was submitted to OP 2 who had repudiated it at Alapperzha of Kerala State where the divisional office is situate. The OP 3 is not the branch office of the Insurance company of OP.2 and it is admittedly Divisional Office like OP 2 which is an administrative functionary. OP 3 is made as a party in the complaint whose office situate at Kerala State. The cause of action narrated in the complaint is erroneous. As such it is necessary that the case is to be transferred out of this Forum at the preliminary stage itself to avoid unnecessary litigation without jurisdiction .