Tribunals and Commissions(1993) 06 NCDRC CK 0016

NAVIN HEAVY LIFTERS vs SENIOR DIVISIONAL MANAGER

National Consumer Disputes Redressal Commission · Decided on 4 June 1993 · Citation: 1993 3 CPJ 1770

HON’BLE JUDGES
G.G.Loney , M.G.Gavai J.
RESULT
Complaint returned

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Judgment

3 paragraphs · 276 words
1.

IN this complaint, the allegations are made by the complainant that despite their repeated efforts their insurance claim in respect of Mobile-Crawler Cranes amounting to Rs. 12,50,000/-with interest Rs. 3,60,900/- for an incident of accident occurred on 28.11.90 has not yet been settled. The complainant has in detail explained as to how the crawler sank in Narmada river and could not be salvaged by experts in the field and, therefore, the said crawler was sold on ''as is where is basis''. The complainant alleged that the opposite party kept a blank eye on their claim and delayed the settlement for no valid reasons and, therefore, claimed the amount of Rs. 12,50,000/-towards the value of the crawler plus interest of Rs. 3,60,900/-.

2.

2.THE claim of the complainant was objected by the opposite party on the ground that the claim amount exceeds the jurisdiction of the State Commission. On 10.12.1992, the opposite party was absent although served by a notice sent by registered post and, therefore, we had proceeded ex-parte against them. THE complainant was directed to file its affidavit by 11.12.92. THE complaint was closed for order after the receipt of the affidavit of the complainant.

After going through the allegations made in the complaint and having perused all the documents and the objections raised by the opposite party, we are satisfied that the complainant''s claim exceeds the pecuniary jurisdiction of this Commission. THE claim being for the amount more than Rs. 10,00,000/- together with interest, we decline to adjudicate this complaint for want of pecuniary jurisdiction and return the complaint to complainant for approaching the National Commission, New Delhi if so advised. Complaint returned.