Biswajit Basu, J. - (1.) The revisional application under Article 227 of the Constitution of India is at the instance of a consumer/ complainant and is directed against the order dated 5th December, 2017 passed by the learned State Consumer Disputes Redressal Commission, West Bengal, in complaint case No. CC/78/2014.
(2.) The petitioner filed an application under Section 12(a) of the Consumer Protection Act, 1986 (hereinafter referred as 'the said act in short'), praying for the following reliefs: a. To admit the complaint and issue show cause notice upon the opposite party insurance company; b. Interim order directing the insurance company to pay the admitted amount of Rs. 34,01,274/- to the complainant without prejudice to their rights and contention made out in the instant complaint; c. To Direct the insurance co. to serve a copy of the entire survey report along with all annexures and detailed calculation sheet whatsoever upon the complainant; d. Leave be granted to the complainant to deal with such survey report by filing an supplementary affidavit; e. Ad-interim order in terms of prayer (a), (b), (c) and (d) above; f. To direct the insurance company to pay the balance sum of Rs. 34,29,441/-; g. Interest @ 12% per annum on the balance sum of Rs. 34,29,441/- from the date of lodging of the claim form i.e. 10.01.2013 till the date of payment of the same; h. Compensation assessed at Rs. 5,00,000/- be paid for the harassment, suffered by the insured for period of more than a year when the claim was kept pending; i. Award litigation cost assessed at Rs. 50,000/-;
(3.) The learned State Commission by the impugned order has held that the value of insurance since is/was Rs. 18,00,00,000/- the commission has no pecuniary jurisdiction to entertain the complaint and dismissed the same on the ground of lack of pecuniary jurisdiction.;