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Judgment
BRIEFLY the case of the complainant is that they get their machinery installed in the factory at Ghaziabad insured from the respondent. There was breakdown of the machinary and a claim was filed by the complainant with Insurance Company, which has not been paid by them till date. Consequently, they file the present complaint.
THE complaint has been contested by the respondent. THEy raised a preliminary objection, that the Commission at Delhi, has no territorial jurisdiction to entertain the complaint as the factory is situated outside of Delhi and the respondent''s office, which insured the machinery, is also situated outside Delhi. It is further stated that the Insurance Policy was issued by the Regional Office at Kanpur as the Bijnore Office is in that region. We have heard the learned Counsel for the parties. Mr. Aggarwal faced with the plea of the respondent, argued that the amount of premium was paid to the agent of the respondent at Delhi and therefore the State Commission at Delhi has got the jurisdiction to entertain the complaint. He referred to the letter dated 9th July, 1988 of Mr. D.C. Sharma (Development Officer) of the complainant requesting them to pay the premium. Below that letter he has acknowledged receipt of the cheque of Rs. 15,095/-. It is not mentioned in the letter that it was handed over to him, by the complainant at Delhi. The official receipt of the premium-amount has not been produced by the complainant. In the said circumstances, it can not be hold that the premium was received by the respondent at Delhi.
Consequently, we are of the opinion that no part of cause of action has arisen within the jurisdiction of Delhi and therefore, the Commission has got no jurisdiction to entertain the complaint. The complaint be returned to the complainant for presentation to the State Commission which has got the jurisdiction to entertain the same. No order as to costs. Complaint returned.