Mumbai: Repair amount, car value to decide pecuniary jurisdiction

  • | Saturday | 20th July, 2019

The State Consumer Disputes Redressal Commission (SCDRC) in an order on July 10 has re-directed a complainant to the district forum stating that the district forum should decide the complaint. However, the SCDRC ruled that repair amount and not the policy or the value of the car should decide the pecuniary jurisdiction of the complaint. Panatharayil had filed a consumer complaint against the opponent for getting insurance claim of Rs 2.08 lakh for her BMW car. As the amount of claim was of Rs 2.08 lakh, complainant had filed consumer complaint before the district forum. Stating that the point in controversy is whether the amount of repairs or the sum assured will be considered for deciding pecuniary jurisdiction of the consumer complaint, the commission looked through several judgements cited.

The State Consumer Disputes Redressal Commission (SCDRC) in an order on July 10 has re-directed a complainant to the district forum stating that the district forum should decide the complaint. However, the SCDRC ruled that repair amount and not the policy or the value of the car should decide the pecuniary jurisdiction of the complaint. The order was by DR Shirasao, presiding judicial member and AK Zade, member of SCRDC. It was passed on a complaint filed by Ansira Panatharayil through power of attorney holder against HDFC General Insurance Ltd. and others. Panatharayil had filed a consumer complaint against the opponent for getting insurance claim of Rs 2.08 lakh for her BMW car. As the amount of claim was of Rs 2.08 lakh, complainant had filed consumer complaint before the district forum. The district forum in its order of April 3, 2018 considered that as sum assured in the policy is of Rs 33.90 lakhs, the complaint is not within pecuniary jurisdiction of the district forum and returned the complaint for filing the same before the commission. Stating that the point in controversy is whether the amount of repairs or the sum assured will be considered for deciding pecuniary jurisdiction of the consumer complaint, the commission looked through several judgements cited. It declined to consider a judgement related to housing matter that was put forward stating that judgements related to housing and vehicle cannot be compared. Citing a judgement of National Consumer Commission, SCDRC stated that when complaint is in respect to repairs of vehicle, then value of vehicle or total sum assured under policy is not required to be considered.

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