Reliance General Insurance Co. Ltd. vs Balbir Kaur
2024 Latest Caselaw 6508 Del

Delhi High Court

Reliance General Insurance Co. Ltd. vs Balbir Kaur on 27 September, 2024

                          $~84
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                  Date of decision: 27th September, 2024
                          +     CM(M) 3503/2024 & CM APPL. 57227/2024 & CM APPL.
                                57228/2024
                                RELIANCE GENERAL INSURANCE CO. LTD.
                                                                                           .....Petitioner
                                                    Through:       Mr. Navneet Kumar along with Mr.
                                                                   Harsh Sharan, Advocate.

                                                    versus

                                BALBIR KAUR
                                                                                          .....Respondent
                                                    Through:       None.

                                CORAM:
                                HON'BLE MR. JUSTICE MANOJ JAIN
                                             J U D G M E N T (oral)

1. The present petition has been filed under Article 227 of the Constitution of India challenging order dated 06.12.2023 passed by Hon‟ble National Consumer Disputes Redressal Commission (in short „NCDRC‟) in Revision Petition No. 170/2018.

2. The above matter was filed before Hon‟ble NCDRC impugning order dated 31.05.2017 passed by the State Consumer Disputes Redressal Commission, Punjab, Chandigarh in First Appeal No. 393/2016.

3. Since the entire cause of action pertaining to the present subject matter has arisen within the jurisdiction of Punjab & Haryana High Court, in view of judgment dated 04.03.2024 passed by Hon‟ble Supreme Court in Siddhartha S Mookerjee vs. Madhab Chand Mitter, Civil Appeal Nos. 3915-16/2024, the petitioner should rather approach the concerned jurisdictional High Court.

4. Learned counsel for the petitioner, however, states that this Court still has jurisdiction.

5. In Siddhartha S Mookerjee (supra), the Hon‟ble Supreme Court has, very categorically, observed that merely because NCDRC had allowed petition, the jurisdiction would not vest with Delhi High Court and observing that since the cause of action had arisen in Kolkata and the matter had been dealt with by the State Commission of West Bengal, it was held that the jurisdiction of High Court of Calcutta should have been invoked.

6. Moreover, this Court has already vide detailed order dated 12.09.2024 passed in M/S. TDI Infrastructure Ltd. vs. Birjendra Singh Mallik in CM(M) No. 2933/2024 observed that in view of Siddhartha S Mookerjee (supra), any such petitioner should go to the "jurisdictional High Court".

7. In view of the above, the present petition is disposed of as not maintainable on account of lack of jurisdiction.

8. Needless to say, the petitioner would be at liberty to invoke the jurisdiction of the jurisdictional High Court i.e. Punjab & Haryana High Court by filing appropriate petition.

9. All the rights and contentions of the parties are reserved.

(MANOJ JAIN) JUDGE SEPTEMBER 27, 2024/ss