MADHYA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL
Dr. Srikant Pandey, Acting President and Dr. (Mrs) Monika Malik, Member
Meena Agrawal – Complainant
versus
Aditya Birla Sun Life Insurance Company Limited – Opp. Party
Consumer Complaint No.30 of 2024
Decided on 23.12.2024
Consumer Protection Act, 2019 – Sections 34(1), proviso, 47(1)(a)(I), 101(2)(x) – Insurance Policy – Deficiency in service – Claim of compensation & Costs – Dismissal for want of pecuniary jurisdiction – Complainant’s deceased husband paid total premium of Rs.3,22,537.50/- in a period of 4 years, which is much less than 50 lakhs – Clearly the jurisdiction of Consumer Complaint does not rest with State Commission – Complaint as filed by complainant is within pecuniary jurisdiction of District Commission & not of State Commission – Complainant at liberty to file complaint before appropriate District Commission in accordance with law. (Paras 4 to 7)
Result: Complaint dismissed.
ORDER
Dr. Srikant Pandey, Acting President.—This is a complaint filed by the complainant under Section 47 alleging deficiency in service against the opposite parties, seeking relief of sum insured of Rs.75,00,000/- along with interest, compensation and costs totaling more than Rs.90,00,000/-.
2. On going through the complaint, it is observed that admittedly the complainant’s deceased husband paid Rs.3,22,537.50/- as total premium for a period 07.12.2020 to 30.04.2024 as is evident from C-1. The sum assured under the policy is Rs.75,00,000/-
3. Earlier the complainant had filed a CC No.100/2024 before the District Commission, Jabalpur. However, the District Commission vide order dated 21.10.2024 returned the complaint to the complainant to file the same before the State Commission as the District Commission has no pecuniary jurisdiction to entertain the complaint.
4. As per powers conferred by proviso to Section 34(1) and Section 47(1) (a) (i), read with sub clause (x) of sub-section (2) of Section 101 of the Consumer Protection Act, 2019 (for short the ‘Act’) the Central Government vide notification dated 30.12.2021 has notified that the District Commission shall have jurisdiction to entertain the complaints where the value of the goods or services paid as consideration does not exceed Rs.50 lakhs and the State Commission shall have jurisdiction to entertain the complaints where the value of the goods or services paid as consideration, exceeds Rs.50 lakhs, but does not exceed rupees two crore.
5. In the instant complaint, admittedly the complainant’s deceased husband paid total premium of Rs.3,22,537.50/- (consideration) in a period of four years i.e. from 07.12.2020 to 30.04.2024 (C-1) which is much less then Rs.50 lakhs. Thus clearly, the jurisdiction of the Consumer Complaint does not rest with the State Commission.
6. In the circumstances and in view of the order passed by the National Commission in Consumer Case No.833 of 2020 M/s Pyaridevi Chabiraj Steels Pvt. Ltd. Vs National Insurance Company Limited & Ors. and the order passed by this Commission in CC No.35 of 2020 (Smt. Swati Telang vs. ICICI Prudential Life Insurance Co. Ltd.) decided on 10.09.2020, we are of the view that the complaint as filed by the complainant is within the pecuniary jurisdiction of the District Commission and not of State Commission.
7. In view of the aforesaid, the complaint is dismissed for want of pecuniary jurisdiction with liberty to the complainant to file the complaint before the appropriate District Commission in accordance with law.
Manifestly clear that since value of the service paid as consideration does not exceed Rs. 10 crores, this complaint does not come within the pecuniary jurisdiction of this Commission.
The jurisdiction of consumer commissions is determined solely by the value of consideration paid, not potential claims or compensation.
(1) Liberty to Approach Appropriate Forum – When a complaint is dismissed solely on technical or jurisdictional grounds rather than on the merits of the case, the courts generally protect the consume....
(1) Shift in Pecuniary Jurisdiction Criteria – Under the 2019 Act, jurisdiction is no longer based on the “value of the claim” (the total amount of money the consumer is asking for). Instead, it is s....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.