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SRIKANT PANDEY, MONIKA MALIK
Meena Agrawal – Appellant
Versus
Aditya Birla Sun Life Insurance Company Limited – Respondent
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
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....
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