Date of filing : 30.01.2015
Date of S/R : 05.06.2015
Date of Order : 01.09.2015
Shri Dilip Kumar Ghosh,
S/o Lt. Pananlal Ghosh,
village-Ekabbarpur, P.O. –Jujersah,
P.S.-Jagatballavpur,
District-Howrah-711302……………………………………………………….Complainant
Vs.
- Board of Homeopathic System of Medicine,
Nagaland, having its office at Kohima,
Kiphilc Tower Way to Hospital , District-Tuanhsary,
Pin-797001.
- The Registrar,
Board of Homoeopathic System of Medicine,
Nagaland, having its office at Kohima,
Kiphilc Tower Way to Hospital , District-Tuanhsary,
Pin-797001.
P R E S E N T
………………………………………………………………………………………..
President : Shri B. D. Nanda.
Member: Smt. J. Saha.
Member: Shri A. K. Pathak.
F I N A L O R D E R
This is an application U/s 12 of the Consumer Protection Act,1986 filed by the Petitioner, Shri Dilip Kr. Ghosh against the O.P.s, being board of Homeopathic System of Medicine, Nagaland and the Registrar of the Board , praying for direction upon the O.P.s to issue renewal of license for homeopathy practice upto the year 2016 and to issued renewed identity card and returned the original papers and documents and also to pay compensation of Rs. 40,000/- and Rs. 10,000/- as cost.
The case of the petitioner is that his name is registered under the Board of Homeopathic System of Medicine , Nagaland having registration No. 0957,’B’. Since issue of said certificate on 11.02.1998 and on the basis of the same the petitioner have been practicing Homeopathy in Howrah district. The Registration of the petitioner has to be renewed when the license under the O.P.s expire by making application on payment of Rs. 150/- per annum and the petitioner remitted to the office of the O.P. No. 2 the said amount but the renewed license as well as original identity card and other papers are deposited to the O.P.s . The license has expired in year 2012. The petitioner remitted Rs. 600/- along with documents through speed post for renewal for the year 2013,2014,2015 and 2016 but the O.P. 2 neither sent acknowledgement nor the renewed of license with I. Card and documents. The petitioner sent advocate notice and then filed this case.
In spite of service of notice the O.P. did not appear in the case for contesting the same and thus the case is heard exparte against the O.P.
The only point is decided here is whether the petitioner is entitled to get the relief as prayed for ?
Decision with reason
This Forum heard the ld. Counsel of the petitioner and also had gone through the BNA filed by the petitioner . In support of his case the petitioner , Shri Dilip Kr. Ghosh filed one document being notification to all practitioner informing them enhancement of renewal fees and also another document being Nagaland Homeopathic Medicine Act,1996 wherefrom it is noticed that the Homeopathic practitioner shall be entitled to issue fitness certificate and also be entitled to give evidence as an expert U/s 45 of the Indian evidence Act,1872. He also filed his Registration Certificate No. 0957 ‘B’ showing his registration since 11.02.1998 by the O.P. 2 and his Identity card issue on the same date proving the fact of renewal since 1998 to 2012 and as the O.P.s did not issue his renewal license so cause of action arises for the petitioner to file this case as the petitioner suffering loss in his practice for want of such licenses . The petitioner has performed his part by sending the application with documents and fees and the O.P.s neither denying the same by sending a reply nor issuing the renewed licenses . All evidences going unchallenged as there is nothing to disbelieve the case of the petitioner and so the case is proved the exparte.
In view of above discussion and finds the case of the petitioner is succeeds .
Court fees paid is correct.
Hence,
Ordered,
that the Consumer Case No. 43/2015 be and the same is allowed exparte against the O.P.s without cost .
The petitioner is entitled to get the main relief as prayed for.
The O.P.s are directed to issue renewed identity card and renewed license and return the original papers and documents to the petitioner within 30 days from the date of order failing the petitioner would be at liberty to put the order in execution . As regard compensation and cost this Forum thought it wise not to give any such relief considering the special circumstances of the case.
Supply the copy of the order to the parties free of cost.
Dictated and corrected
by me
( B. D. Nanda)
President, C.D.R.F. Howrah
