M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)

CC No.31 / 2022.

FILED ON :04.11.2022 M/s Infinity Hospital & Research Center, Proprietor Dr. Ankit Agrawal (Cardiologist), R/o 2^nd Floor, Dixit Pride, Near Taiyab Ali Petrol,Pump, Jabalpur (M.P.). …. COMPLAINANT.

Versus Divisional Manager, National Insurance Company Ltd., Divisional Office -2, M. R. 4 Road, Vijaynagar, Jabalpur (M.P.). …. OPPOSITE PARTY.

As per Shri Justice Shantanu Kemkar, (oral) :

Date of O R D E R

Order

24.11.2022 Shri Ajay Gupta, learned counsel for the complainant.

Heard on the office objection about the maintainability.

2. As per the office report the complainant has obtained a ”Electronic Equipment Insurance’ policy from opposite party – National Insurance Company Ltd. for a sum insured of Rs.17,50,000/- and Rs.2,80,00,000 after paying the premium amount of Rs.1,75,525/-. On account of loss suffered the complainant claimed Rs.55,77,021/-.

3. In view of Section 47 (1) (a) (i) of the Consumer Protection Act, 2019 read with the notification dated 30.12.2021 notifying the Consumer Protection (Jurisdiction of the District Commission, State Commission and National Commission) Rules, 2021, the State Commission has jurisdiction to entertain complaints where the value of the goods or services paid as consideration exceeds rupees fifty lakhs, but does not exceed rupees two crores rupees.

4. In the present case, the amount paid as premium by the complainant for availing insurance services of opposite party is Rs.1,75,525/-. 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 versus ICICI Prudential Life insurance Co. Ltd.) decided on 10.9.2020, we are of the view that the complaint as filed by the complainants is within the pecuniary jurisdiction of the District Commission and not of State Commission.

5. In view of the aforesaid as the complainant have to file complaint before appropriate District Commission 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.

6. The amount of court fees deposited is ordered to be to be adjusted if the complaint case is filed before the appropriate District Commission or the complainant will be entitled to get it refunded in accordance with the Rules.

7. The complaint stands disposed of with liberty as aforesaid.

8. The original documents filed along with the complaint be returned to the complainant keeping one set of the same in the file.

(Justice Shantanu Kemkar) (Dr. Srikant Pandey)

PRESIDENT MEMBER Phadke