SHIRSENDU MAZUMDAR Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 11.4.2008 passed by the learned District Forum, Darjeeling, at Siliguri, in Consumer Case No.106/s/2006 dismissing the complaint, the present Appeal has been preferred by the complainant.

(2.) The facts of the case briefly are that the complainant purchased a Maruti Omni Van bearing registration number WB-74-E/0657 from Beekay Auto Pvt. Ltd. , Matigara, Siliguri, by obtaining a car loan from Bank of India, Islampur. The vehicle was duly covered by insurance from 23.8.2003 to 22.8.2004. The said vehicle met with an accident on 17.5.2003 at Krishnapur within the Police Station of Islampur, Uttar Dinajpur. The fact of accident was reported to the Insurance Company and an FIR was also lodged with the local Police Station. The Insurance Company appointed a surveyor. After the accident the complainant contacted with the dealer who was the authorized service centre of Maruti company at Siliguri, where he placed his damaged car. The car was repaired for which a bill amounting to Rs.1,55,000 was raised. He filed a claim with the Insurance Company/respondent Nos.1 and 2 for payment of the said amount, but it only allowed the claim of Rs.27,400 and hence, this case.

(3.) After filing of the written version by Oriental Insurance Company the complainant filed an application before the Forum along with a copy of complaint which was filed before the DCDRF, Uttar Dinajpur, praying for making the complaint filed before Uttar Dinajpur District Forum being numbered 26/2005, a part of the present complaint. On hearing both sides the petition of the complainant was allowed and the complainant No.26/2005 filed before the Uttar Dinajpur District Forum was accepted for consideration along with the complaint filed before the Siliguri Forum. The OP-Insurance Co. in their written version alleged that the complainant previously filed a dispute arising out of the same cause of action before the DCDRF, Uttar Dinajpur and it was registered as D. F. Case No.12/2005, which was dismissed for default on 12.4.2005. The OP-Insurance Company also contended that Siliguri Forum had no jurisdiction to entertain and adjudicate the present complaint as the cause of action took place within the territorial jurisdiction of Uttar Dinajpur Forum. The complainant stated that he had filed a petition for restoration of the dismissed petition. But the said Uttar Dinajpur Forum further dismissed the petition on the ground that the Forum does not have necessary power to restore a dismissed petition. He, therefore, filed a complaint before the Siliguri Forum being case number 106/s/06. But the Siliguri District Forum again dismissed the petition on the ground that it was not legally permissible to adjudicate a complaint on the self-same subject when it was filed before the Uttar Dinajpur Forum and the said Forum had dismissed the petition and that the cause of action took place in Uttar Dinajpur. It further observed that in the fitness of things the dispute should be filed before the said Forum. However, it also observed that being a District Forum the Siliguri Forum is not competent to transfer the case to any other Forum and it is the State Commission which is the appropriate authority to issue necessary direction as to which Forum will adjudicate the dispute.