Jurisdiction to file suit
Bharati Agarwal
(Querist) 17 May 2015
This query is : Resolved
I bough a life insurance policy from private insurance company who has registered and HO at Banglore.The Policy was isued by Banglore.On its maturity a dispute had arisen and the insurance company had settle the dispute by entering into a settlement agreement.The agreement was prepared by the insurance company and the first party was Insurance company and myself as second party.All the paper work was done by the Branch Office.The stamp paper was bought from Jaipur(Rajasthan)ny Insurance company, typer by them and took my signature and took away the original agreement and I do not know who has signed it on company behalf and whether it was notarised, where or anything...but thereafter the dispute has arisen about payment and I am advised tofile a civil suit for recovery of amount.
The question Is:
that some advocte says that since the Registered & Ho of the company is at Banglore and the company operates with the policy holders from Banglore in all respect,(the Branch Offices all over India only canvass and market policy but policy is issued from Banglore)the suit has to be filed at Banglore,. whwereas some advocate says that as the Stamp Paper was bought from Jaipur and it belonged to Rajasthan, and it was signed by me at Jaipur only, I may file the suit at Jaipur and my suit would not face Jurisdiction issue if I file it at Jaipur.
Kindly advise about the right Jurisdiction Place please....
Jeetender Gupta
(Expert) 17 May 2015
Don't know exact facts of case but you could also consider filing thru consumer forum that too at either of jurisdiction. You will have to establish deficiency & claim damages.
Bharati Agarwal
(Querist) 17 May 2015
Dear Experts
The fact of the case is, the insurance company flatly refused the claim which has accrued on accidental death, the policy being on life.On persuasion the company has agreed to make the payment with taking settlement and warranty agreement(which have been made out at Jaipur, signed at Jaipur by me and is on stamp of Rajasthan)but after taking over the agreement the company has made partial payment of the agreed amount.The consumer forum has opined that it is not consumer dispute but contractual dispute and observed approaching suitable forum which is now civil forum, so question is which place is jurisdiction, Jaipur where I live or Banglore where the company is registered and operate from?
Please advise......
Nadeem Qureshi
(Expert) 17 May 2015
Both the courts have jurisdiction to file the case against insurance company.
Devajyoti Barman
(Expert) 17 May 2015
Jurisdiction of a suit is hardly decided by the place wherefrom the stamp paper was bought.
The suit can very well be filed in Bangalore. There is absolutely no doubt for this.
Rajendra K Goyal
(Expert) 17 May 2015
The policy was purchased at Jaipur, Agreement was signed at Jaipur through its Branch at jaipur, case can be filed at Jaipur till any clause regarding filing at Banglore does not exist in policy.,
T. Kalaiselvan, Advocate
(Expert) 18 May 2015
The money recovery suit or consumer complaint can be filed in Jaipur (Raj) where all transactions took place.
Biswanath Roy
(Expert) 27 May 2015
From the given facts one can presume jurisdiction for filing civil case is at Jaipur provided if jurisdiction for adjudication of the dispute has not been specifically mentioned at Bangalore in the agreement related to.
