LAWS(NCD)-2012-5-101

AJMER SINGH Vs. NEW INDIA ASSURANCE CO. LTD

Decided On May 25, 2012
AJMER SINGH Appellant
V/S
NEW INDIA ASSURANCE CO. LTD Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner. Registry has reported delay of 37 days in filing this revision petition for which an application for condonation of delay has also been filed by petitioner, requesting therein to condone the delay in filing the revision petition. For the reasons stated in the application, the said delay is condoned.

(2.) AT the centre of the controversy is the question of Fora 's Jurisdiction. We have heard the Counsel for the petitioner at the time of admission of this revision petition. Shortly stated, the case of the Petitioner/Complainant, Ajmer Singh is as follows: Ajmer Singh got his vehicle Mahindra Max insured with the New India Assurance Co. Ltd., which is arrayed as respondent in these proceedings, for the period from 7.7.2007 to 6.7.2008 at Samana (Punjab). The said vehicle met with an accident on 16.4.2008 in the area of P.S. Sadar, Bhiwani (Haryana). FIR was also lodged on 16.4.2008 itself. On repudiation of the claim by the respondent, the complainant filed the complaint before the District Forum, Jind. The complaint was accepted by the District Forum. But on appeal before the State Commission, the State Commission while accepting the appeal, set aside the order of the District Forum and dismissed the complaint. Now, the complainant has approached this Commission. We have heard the Counsel for the petitioner. He argued that since the petitioner is living in Jind and the respondent has an office there as well, therefore, the Jind District Forum has got the jurisdiction to try this case.

(3.) NO cause of action has arisen at Jind. The mere fact that the respondent has a Branch in Jind, does not ipso facto, impart jurisdiction to Jind. The order passed by the State Commission is flawless. Revision petition is, therefore, dismissed. Revision Petition dismissed.