consumer law

sanjay kumar patibandla (Querist) 03 March 2010 This query is : Resolved
petitioner is resident of Khammam dist. he insured his vehicle with one insurance company in Hyderabad branch. un-fortunately accident occured to the vehicle in khammam district.

can he file complaint in khammam district forum

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Raj Kumar Makkad (Expert) 03 March 2010
Yes. Because insurance companies have their branch offices in almost all District HQrs so such complaint can be filed in Khamman also.

PALNITKAR V.V. (Expert) 03 March 2010
The place of insurance is not material. The policy is valid througout India.

Sachin Bhatia (Expert) 03 March 2010
Consumer complaint can be filed in any of the following places:

The case is filed in the city / state where the Opposite Party resides, has registered office, branch, or works for gain.
OR
The case can also be filed in the city / state where the cause of action has occurred.

So, he can file complaint in khammam district forum where accident occured.

Kumar Thadhani (Expert) 03 March 2010
Yes Ido agree with expert Mr.Bhatia.

G. ARAVINTHAN (Expert) 03 March 2010
Insurance extends through out India, so can make claim

G. ARAVINTHAN (Expert) 03 March 2010
The only condition is the coverage period

Parveen Kr. Aggarwal (Expert) 03 March 2010
Section 11(2) of the Consumer Protection Act, 1986 reads as under:

"(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction:

(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business OR HAS A BRANCH OFFICE or personally works for gain, or

(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or

(c) the cause of action, wholly or in part, arises."

So if the Insurance Company has its branch office at Khammam District then, complaint before the District Consumer at Khammam is very much maintainable irrespective of the fact that any part of cause of action has arisen there or not.