R KRISHNAKUMAR Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Questioning the propriety of the order passed by the Consumer Disputes Redressal Forum, Thiruvananthapuram in OP No. 158/99 whereby it recorded a finding that it lacked territorial jurisdiction to entertain the complaint this appeal has been filed. Consequent on entering such a finding complaint was ordered to be returned to the complainant for presentation before the proper Forum having territorial jurisdiction.

(2.) The learned Counsel for the appellant attacked the finding of the lower Forum on two grounds. One of the grounds urged before us is that the National Insurance Company which is the first opposite party in the complaint has a branch at Thiruvananthapuram and complainant is competent to file the complaint wherever National Insurance Company has a branch. He relied to substantiate his contention on Section 11(2)(b) of the Consumer Protection Act, 1986.

(3.) The other limb of the contention urged before us is that after having allowed the parties to lead evidence in support of their respective cases Forum below was not justified in returning the complaint on the ground of lack of territorial jurisdiction without resolving the dispute that has cropped up between the parties on merit, Counsel submitted that proper course open to the Forum was to consider the entire materials on record and to pass proper orders on the basis of the pleadings, evidence and submissions made by parties in support of there rival cases.