West Bengal

Kolkata-I(North)

CC/408/2015

Manashi Halder - Complainant(s)

Versus

Belle Vue Clinic and 2 others - Opp.Party(s)

19 Jul 2016

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/408/2015
 
1. Manashi Halder
44, Kayastha Para Main Road, Haltu, Kolkata - 700078. Dist. - S. 24 Pgs.
...........Complainant(s)
Versus
1. Belle Vue Clinic and 2 others
9, Dr. U. N. Brahmachari Street, P.S. - Shakespeare Sarani, Kolkata - 700017.
2. Dr. Krishnendu Mukherjee
9, Dr. U. N. Brahmachari Street, P.S. - Shakespeare Sarani, Kolkata - 700017.
3. Dr. Pratim Sengupta
9, Dr. U. N. Brahmachari Street, P.S. - Shakespeare Sarani, Kolkata - 700017.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sankar Nath Das PRESIDENT
 HON'ABLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 19 Jul 2016
Final Order / Judgement

Order No. 6   dt. 19/07/2016

All o.ps are present . Complainant is absent today and also remained absent on 30/05/2016 i/e on previous date .Today is fixed for hearing of the ptn dt 04/03/2016 challenging the maintainability of the case . The said ptn is taken up for hearing .

Heard ld advocate for o.ps . On perusal of the aforesaid ptn dt 04/03/2016 along with the ptn of complaint and annexure we find that the pecuniary jurisdiction of this Forum has exceeded .As such, this Forum is not in a position to adjudicate the instant case .

Ld advocate for o.ps 2&3 has referred decision of the Hon’ble National Commission reported in 11(2016)C.P.J258 (NC) wherein Hon’ble National Commission has been pleased that the value of service should be taken up at the time of determination of pecuniary jurisdiction and we also rely upon the said decision while arriving at a decision. Accordingly, in view of the findings above, we hold that the instant case is not maintainable since the same has exceeded the pecuniary jurisdiction of this Forum.

Accordingly , instant case stands dismissed .

 
 
[HON'BLE MR. Sankar Nath Das]
PRESIDENT
 
[HON'ABLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER

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