territorial jurisdiction where accident occur
vinod bansal
(Querist) 14 October 2010
This query is : Resolved
R/Experts
My vehicle met with an accident at Jind but it is insured with Reliance co. having no office or agent at Jind.But i filed consumer complaint in Jind bcoz it is settled law that Distt consumer forum have territorial jurisdiction in whose local limits accident occur,as in this case,,i want any citation in this regard,kindly help.Thanx
adv. rajeev ( rajoo )
(Expert) 15 October 2010
What is your complaint averment regarding jurisdiction to file the complaint at jind.
vinod bansal
(Querist) 15 October 2010
My vehicle met with an accident at Jind
Rajeev kulshreshtha
(Expert) 15 October 2010
You cannot confer jurisdiction on the basis of accident. In Sec.11 of CP Act the jurisdiction of consumer forum is shown.In your case the the cause of action is repudiation of claim not the place of accident.But there is a judgment of National Commission Which Confers jurisdiction at the place of residence of complainant.This case is cited in 2007(4) CPJ 89 NC.
aman kumar
(Expert) 15 October 2010
agrre with rajeev
Uma parameswaran
(Expert) 15 October 2010
whether Motor Accident claim is also coming under Consumer forum?
vinod bansal
(Querist) 15 October 2010
Its a case of theft case (Own Damage case,so it falls under consumer act)