Scribd Logo
Upload

Welcome to Scribd!

  • 41 views

    In The Hon'Ble Supreme Court of India, Delhi

    Uploaded by

    adv suryakant jadhav
    The Supreme Court of India was hearing an appeal regarding jurisdiction in a consumer dispute. [1] The appellant's godown caught fire in Ambala and they filed an insurance claim that was denied. [2] They filed a complaint with the Consumer Commission of Chandigarh, which ruled in their favor, but the ruling was overturned on appeal for lack of jurisdiction. [3] The key issue is whether the Chandigarh Commission had jurisdiction when the cause of action arose in Ambala. [4] The respondent argued that jurisdiction lies where the cause of action arose per the Code of Civil Procedure, and here the fire, insurance policy, and claim were all related to Ambala. [5] Accepting the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    In The Hon'Ble Supreme Court of India, Delhi

    Uploaded by

    adv suryakant jadhav
    41 views9 pages
    The Supreme Court of India was hearing an appeal regarding jurisdiction in a consumer dispute. [1] The appellant's godown caught fire in Ambala and they filed an insurance claim that was denied. [2] They filed a complaint with the Consumer Commission of Chandigarh, which ruled in their favor, but the ruling was overturned on appeal for lack of jurisdiction. [3] The key issue is whether the Chandigarh Commission had jurisdiction when the cause of action arose in Ambala. [4] The respondent argued that jurisdiction lies where the cause of action arose per the Code of Civil Procedure, and here the fire, insurance policy, and claim were all related to Ambala. [5] Accepting the

    Original Title

    IN_THE_HONBLE_SUPREME_COURT_OF_INDIA_DEL.docx

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Supreme Court of India was hearing an appeal regarding jurisdiction in a consumer dispute. [1] The appellant's godown caught fire in Ambala and they filed an insurance claim that was denied. [2] They filed a complaint with the Consumer Commission of Chandigarh, which ruled in their favor, but the ruling was overturned on appeal for lack of jurisdiction. [3] The key issue is whether the Chandigarh Commission had jurisdiction when the cause of action arose in Ambala. [4] The respondent argued that jurisdiction lies where the cause of action arose per the Code of Civil Procedure, and here the fire, insurance policy, and claim were all related to Ambala. [5] Accepting the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    41 views9 pages

    In The Hon'Ble Supreme Court of India, Delhi

    Uploaded by

    adv suryakant jadhav
    The Supreme Court of India was hearing an appeal regarding jurisdiction in a consumer dispute. [1] The appellant's godown caught fire in Ambala and they filed an insurance claim that was denied. [2] They filed a complaint with the Consumer Commission of Chandigarh, which ruled in their favor, but the ruling was overturned on appeal for lack of jurisdiction. [3] The key issue is whether the Chandigarh Commission had jurisdiction when the cause of action arose in Ambala. [4] The respondent argued that jurisdiction lies where the cause of action arose per the Code of Civil Procedure, and here the fire, insurance policy, and claim were all related to Ambala. [5] Accepting the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 9

    IN THE HON’BLE SUPREME COURT OF INDIA, DELHI

    IN CIVIL APPEAL NO- 1560 OF 2004

    SONIC SURGICAL--------------------------------------------------------APPELLANT

    V/S

    NATIONAL INSURANCE COMPANY LIMITED ------------------- RESPONDENT

    CITATION- (2010)1 SCC 135

    COUNCIL ON BEHALF OF THE RESPONDENT

    Miss. Priyanka Sunil Umbarkar.

    Roll no- 40

    1
    INDEX

    SR. NO. NAME PAGE NO.


    1. JURISDICTION 3
    2. FACTS 4
    3. ISSUE 5
    4. ARGUMENT ADVANCED 6
    5. PRAYER 8

    2
    JURISDICTION

    This appeal by special leave petition has been filed against the impugned
    judgment of the National Consumer Disputes Redressal Commission, New Delhi.

    Art.136- Special Leave to Appeal by the Supreme Court-

    1) Notwithstanding anything in this chapter, the Supreme Court may, in its discretion,
    grant special leave to appeal from judgment, decree, determination, sentence or order, in
    any cause or matter passed or made by any court or tribunal in the territory of India.

    2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order
    passed or made by any court or tribunal constituted by or under any law relating to the
    Armed Forces.

    1)

    3
    FACTS

    1) There was fire on 13-02-1999 & 14-02-1999 in the godown of Sonic


    Surgicals at Ambala.

    2) The appellant filed a claim petition before the Consumer Commission of the
    Union Territory, Chandigarh under section 17 of The Consumer Protection Act,
    which was allowed.

    3) National Insurance Company then filed an appeal to The National


    Consumer Disputes Redressal Commission, New Delhi. It allowed the appeal of the
    Respondent on the ground that the Consumer Commission at Chandigarh had no
    jurisdiction to entertain & adjudicate the complaint.

    4) Hence, aggrieved by the decision of the National Insurance Consumer


    Disputes Redressal Commission, appellant filed the present appeal.

    4
    ISSUE

    1) Whether the Consumer Disputes Redressal Commission, Union Territory,


    Chandigarh has jurisdiction to entertain & adjudicate the complaint in which the
    cause of action arose at Ambala?

    5
    ARGUMENTS ADVANCED

    1) The answer of this question is in negative.

    2) While deciding the jurisdiction of the forum, it needs to consider the place
    where the cause of action has arisen.

    3) According to sec 20 of the CPC –other suits to be instituted where


    defendants reside or cuse of action arises- subject to the limitations aforesaid,
    every suit shall be instituted in acourt within the local limits of whose jurisdiction-
    i) The defendant, or each of the defendants where there are more than one,
    at the time of the commencement of the suit, actually and voluntarily resides,or
    carries on business, or personally works for gain; or
    ii) Any of the defendants, where there are more than one, at the time of the
    commencement of the suit, actually and voluntarily resides, or carries on business,
    or personally works for gain, provided that in such case either the leave of the
    Court is given ,or the defendants who do not reside, or carry on business, or
    personally work for gain, as aforesaid, acquiesce in such institution; or
    iii) The cause of action, wholly or in part, arises.

    4) In the present case, the cause of action i.e. the godown of the appellant at
    Ambala which was insured caught fire & on the basis of this the appellant filed a
    complaint against the respondent for compensation.

    5) It well settled that the expression “cause of action” means the bundle of
    facts which give rise to right or liability.

    6) In the present case, admittedly the fire broke out in the godown of the
    appellant at Ambala. The insurance policy was also taken at Ambala & the claim for
    compensation was also at Ambala. Thus, no part of cause of action arose in
    Chandigarh.

    6
    7) If at all the contention of the appellant is accepted, it will mean that even if
    a cause of action has arisen in Ambala, then too the complainant can file a claim
    petition even in Tamil Nadu or Gauhati or anywhere in India where a branch office
    of the Insurance Company is situated.

    8) In our opinion, the expression “branch office” in the amended section 17(2)
    of the Consumer Protection Act would mean the branch office where the cause of
    action has arisen.

    9) In the present case, since the cause of action arose at Ambala, the state
    Consumer Disputes Redressal Commission, Haryana alone will have jurisdiction to
    entertain the complaint.

    7
    PRAYER

    In the light of issues raised, arguments advanced, it is humbly prayed and


    submitted to the Hon’ble Supreme Court that:

    The Appeal should be dismissed and any other relief which this Hon’ble court
    deem fits in the interest of equity, justice and good concise.

    8
    BOOKS REFERRED:
    BLACKS LAW DICTIONARY

    BARE ACT

    WEB SOURCE:

    Indiakanoon.com

    Google.com

    Manupatra.com

    You might also like