National Consumer Disputes Redressal
Ligare Aviation Limited vs Oriental Insurance Company Limited on 29 July, 2021
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI CONSUMER CASE NO. 7 OF 2021 1. LIGARE AVIATION LIMITED (Formerly Known as Religare Aviation Ltd.)
Registered Office at G-16, Marina Arcade,
Connaught Circus, New Delhi - 110 001 ...........Complainant(s) Versus 1. ORIENTAL INSURANCE COMPANY LIMITED Registered Office at Oriental House A-25/27,
Asaf Ali Road, New Delhi - 110 002 ...........Opp.Party(s)
BEFORE: HON'BLE MR. DINESH SINGH,PRESIDING MEMBER HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,MEMBER
For the Complainant : Mr. Somesh Arora, Advocate For the Opp.Party : Mr. Amandeep Singh, Advocate
Dated : 29 Jul 2021 ORDER
Taken up through video conferencing.
Heard the learned counsel present.
Perused the material on record.
1.This complaint has been filed under Section 58 read with Section 59 and further read with Section 2(5) of The Consumer Protection Act 2019 (the 'Act 2019').
2. Learned counsel for the opposite party insurance co. draws attention to para 27 of the complaint as well as to para 10 of the subject insurance policy document as also to Section 58(1)(a)(i) of the Act 2019, and submits that this complaint does not come under the pecuniary jurisdiction of this Commission.
3. For ready reference, the following are reproduced:
Para 27 of the Complaint:
27. That this Hon'ble Commission has pecuniary jurisdiction to entertain this Consumer complaint as the value of the goods or services paid as consideration exceeds Rs.10,00,00,000/- (Rupees Ten Crores Only).
Para 10 of the subject Insurance Policy:
10. Premium:
It is understood and agreed that the annual premium amounting to INR.28,08,000/- + 12.36% S. Tax of INR.3,47,069/- = INR.31,55,069/- (for aircraft indicated in the schedule) shall be paid in the four quarterly equal installments as per AVN5A as under.
DEFERRED PREMIUM CLAUSE (AVN-5A) - amended It is hereby understood and agreed that the premium under this policy shall be paid in the four quarterly equal installments :
INSTALMENT DUE DATE AMOUNT (Rs.) INCL.
GOVT. SERVICE TAX 1ST INSTALLMENT 25th September 2014 INR.7,88,767.00 2ND INSTALMENT 24th December 2014 INR.7,88,767.00 3RD INSTALMENT 24th March 2015 INR.7,88,767.00 4TH INSTALMENT 22nd June 2015 INR.7,88,768.00 TOTAL....
INR.31,55,069.00 Nevertheless it is further understood and agreed that:-
Notwithstanding any provision as to notice of cancellation contained in the Policy, it is a condition that in the event of any installment not being paid by its due date, the cover afforded by this Policy shall be deemed to have ceased at midnight of such due date and no refund or premium shall be due to the Insured.
It is hereby understood and agreed that the 1st Instalment of INR.7,88,767/- (inclusive of Service Tax) has been collected vide our Collection No.51-60/3001000585 dated 24/09/204.
Section 58 (1)(a)(i) Jurisdiction of National Commission of the Act 2019.-
(1) - - - the National Commission shall have jurisdiction
- - -
(a) to entertain
(i) complaints where the value of the goods or services paid as consideration exceeds rupees ten crores:
- - -.
4. The value of the services paid as consideration, which, in this case, is the total premium paid, is Rs. 31,55,069.00.
The value of the services paid as consideration does not exceed Rs. 10 crore.
5. The averment made in para 27 of the complaint, to the effect that the value of the services paid as consideration exceeds Rs. 10 crore, is factually incorrect and erroneous.
The complainant is sternly advised to refrain from misrepresentation in such way.
6. It is manifestly clear that since the value of the service paid as consideration does not exceed Rs. 10 crore, this complaint does not come within the pecuniary jurisdiction of this Commission as provided for in Section 58(1)(a)(i) of the Act 2019.
7. The complaint is dismissed as not maintainable.
8. Needless to add, this Commission has not adjudicated the complaint on merit. As such, the complainant is free to seek remedy in the appropriate forum / court as per the law.
9. The Registry is requested to send a copy each of this Order to all parties in the complaint and to their learned counsel within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.
...................... DINESH SINGH PRESIDING MEMBER ......................J KARUNA NAND BAJPAYEE MEMBER