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R.I. DESAI MA/20/410
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION
GUJARAT STATE, AHMEDABAD
COURT NO: 04
CIVIL MISC. APPLICATION NO. 410 OF 2020
Sachin Texfab Pvt. Ltd.
Through Director,
Sachin B. Agarwal
New J.N. Folding Works,
Kasambhai’s Tabela,
Pirana Road, Piplaj, Ahmedabad.
…Appellant.
V/s.
National Insurance Co. Ltd.
Srimali Society, Neptune House II,
Nr. Mithakhali Road,
Navarangpura, Ahmedabad - 380009
…Respondent.
Coram: Smt. Jyoti P. Jani, Presiding Member
Appearance: Smt. Hetvi Sancheti, Ld. Advocate for the appellant.
Mr. M.J. Shelat, Ld. Advocate for the Respondent.
ORAL ORDER: [By Smt. Jyoti P. Jani, Presiding Member]
Feb. 11, 2021
1.Brief facts of the complainant’s case is complainant is a textile
trader and is mainly engaged in trading of finished fabrics from
process houses and also buy grey fabric from open market and
getting it processed in process houses on job work basis sending
the finished fabrics throughout India since last many years. The
complainant had taken a Standard Fire and Special Peril Floater
Policy for a period of 25.11.2014 to 24.11.2015 being policy No.
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R.I. DESAI MA/20/410
30090011143100001975 from the opponent Insurance Company.
The complainant had paid premium of Rs. 47,090/- to insurance
company for the policy. The complainant has claimed total
compensation of Rs. 1,48,13,820/- towards actual loss with
interest
before
this
Commission.
The
Civil
Miscellaneous
Application (CMA) came up for hearing and there was delay of 74
days in filing this complaint before this Commission.
2.The complaint was originally filed on 23.03.2020 under old C.P. Act
and the complainant claimed compensation of Rs. 1,48,13,820/-,
being the higher limit of jurisdiction of Rs. 01 Crore before State
Commission. An application was moved by the Advocate of the
complainant on 02.09.2020. The order was passed on that
application and the file was returned observing that the delay
passed in filing the complaint, be condoned when new complaint
filed before Commission. Thereafter the present CMA came before
us on 08.12.2020. The notice was served to the opponent
Insurance Company. The learned Ad. Mr. M.J. Shelat filed his
Vakalatptra for respondent and reply was filed contesting the delay
and
relied
on
the
following
citation
of
Hon’ble
National
Commission:
Consumer Case No. 833 of 2020
M/s. Pyaridevi Chabiraj Steels Pvt. Ltd.
Vs.
National Insurance Company Ltd. and Ors
decided on 28 August, 2020.
3.Heard ld. Advocates for the respective parties and perused the
citation of Hon’ble National Commission in Consumer Complaint
No. 833 of 2020 [Supra].
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R.I. DESAI MA/20/410
4.In the present case a preliminary point arises as to whether this
Consumer Complaint is maintainable before the State Commission
or not. The only question to be decided by this Commission is
regarding jurisdiction. As per Section 47(1) of the New Act, the
pecuniary jurisdiction is determined by taking value of goods or
services paid as consideration exceeds rupees 01 Crore, but does
not exceeds rupees 10 Crore. In the present case complainant has
paid the premium of Rs. 47,090/- which is not above Rs. 01 Crore.
5.The order passed by Hon’ble National Commission is binding and
we rely on para 7, 8, 9 and 10. We reproduced para 7, 8, 9 and 10
of M/s. Pyaridevi Chabiraj Steels Pvt. Ltd. (Supra) below:
7. The submission made by the learned Senior Counsel
appearing for the Complainant cannot be acc
