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2009 Supreme(SC) 1651

MARKANDEY KATJU, ASOK KUMAR GANGULY
Sonic Surgical – Appellant
Versus
National Insurance Company Ltd. – Respondent


Advocates Appeared:
For the Appellant :Anil Nag, Advocate, for the Appellant.
For the Respondent:Tanmapa Mehta (for P.N. Puri), Advocates for the Respondents.

ORDER

1. Heard learned counsel for the parties.

2. This appeal by special leave has been filed against the order dated 10th July, 2003 of the National Consumer Disputes Redressal Commission, New Delhi (for short ‘NCDRC’) whereby the appeal filed by the respondent herein has been allowed and the order of the Consumer Disputes Redressal Commission Union Territory, Chandigarh has been set aside.

3. It appears that there was a fire on 13-14th February, 1999 at 10.00 p.m. in the godown of the appellant at Ambala. For claiming compensation, the appellant filed a claim petition before the Consumer Commission of the Union Territory, Chandigarh constituted under Section 17 of the Consumer Protection Act, 1986 (hereinafter for short ‘the Act’). The said claim petition filed by the appellant herein was allowed by the Consumer Commission of the Union Territory, Chandigarh. On appeal, the NCDRC allowed the appeal of the respondent herein on the ground that the Consumer Commission at Chandigarh had no jurisdiction to entertain and adjudicate the complaint. We are in agreement with the view taken by the NCDRC.

4. In our opinion, no part of the cause of action arose at Chandigarh. It is well settl













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