We have  perused the file thoroughly.        Undisputedly, when the case was fixed for preliminary hearing i.e. on 28.12.2017, Sh.Rajvinder Singh, Advocate counsel for the Complainant has made statement before this Forum that he does not want to proceed further against Civil Surgeon, Civil Hospital, Moga- Opposite Party No.1 and qua that Opposite Party No.1, he withdraws the present complaint. In view of the statement of the ld.counsel for the Complainant, the complaint against Opposite Party No.1 stands dismissed as withdrawn vide order dated 28.12.2017 of this Forum.  

          Hence, without going through the merits of the case, in view of the aforesaid facts and  circumstances, since no cause of action either wholly or in part, arises in this District Forum, Moga,  this Forum has no territorial jurisdiction to entertain and try the present complaint under Section 11(2)(c) of the Consumer Protection Act, 1986 and we have no hesitation to finally conclude, that this Forum has no territorial jurisdiction, as no part of cause of action, has arisen to the complainant to file a consumer complaint, within the territorial jurisdiction of this Forum and in such a situation, we dismiss the present complaint for want of territorial jurisdiction. However, the complainant shall be free to file a fresh complaint before the concerned District Forum, for which the time spent before this Forum shall stand excluded under Section 14 of the Limitation Act in the light of the judgment of the Hon'ble Supreme Court in case titled 'Lakshmi Engineering Works vs PSG Industrial Institute reported in 1995(3) SCC 583'.  However, keeping in view the  peculiar facts and circumstances of the case, the  parties are left to bear their own costs. The original documents if any, produced on the file,  be returned to the Complainant under law against receipt, if he so desires. Copy of the order be supplied to the parties free of costs under the rules and file be indexed and consigned to record.

Announced in Open Forum