Learned Advocates for the Complainants, the O.P. Nos.1,2&3 and for the Proforma O.P. No.5 are present.

Heard Learned Advocate for the O.P. Nos.1,2&3 on the application dated 07/01/2020 challenging the maintainability of the complaint on ground of lack of pecuniary jurisdiction of this Forum to adjudicate the complaint. Learned Advocate for the O.Ps. submits that the Complainants claimed Rs.15 lakh as medical expenses incurred by them for the treatment of their deceased  son /brother Asish Pal, Rs.20 lakh as compensation due to the deficiency / medical negligence on the part of the O.P. Nos.1&2 and also litigation expenses. Learned Advocate further submits that the aggregate of the aforesaid amount comes to Rs.35 lakh and as such this Forum lacks pecuniary jurisdiction to adjudicate the complaint. Learned Advocate has thus prayed for dismissal of the complaint. Learned Advocate for the O.Ps. in support of his submission has referred to a judgment dated 24/10/2017 passed in First Appeal No.A/1041/2015 of the Hon'ble State Consumer Disputes Redressal Commission, West Bengal.   

Learned Advocate appearing for the Proforma O.P. No.5 in his submission has endorsed the arguments placed by Learned Advocate for the O.P. Nos.1,2&3. He has also prayed for dismissal of the complaint. 

We have heard Learned Advocate for the Complainants on the objection filed by the Complainants to the application dated 07/01/2020 of the O.P. Nos.1,2&3 challenging the maintainability of the complaint as to the pecuniary jurisdiction of this Forum to adjudicate upon the complaint.  

Learned Advocate appearing for the complainants submits that the amount  claimed by the complainants is within the pecuniary jurisdiction of the Forum and as such the complaint is maintainable.  

He has thus prayed for rejecting the application dated 07/01/2020 filed by the O.P. Nos.1,2&3. 

We have considered the submission of the both sides. We have gone through the complaint filed by the Complainants. We have also perused the application dated 07/01/2020 filed by the O.P. Nos. 1,2&3 and also the objection thereto filed by the Complainants.  

We have gone through the judgment referred to by Learned Advocate for the O.P. Nos. 1,2&3. 

We have found force in the submissions made by the Learned Advocates for the O.P. Nos.1,2&3 and also for the Proforma O.P. No.5. 

  We find that the Complainants in their complaint have prayed for granting them Rs.20 lakh as cost of treatment for their deceased son / brother Asish Pal from the O.P. Nos.1&2 in addition to litigation expenses and also suitable compensation for causing mental agony, harassment on account of the alleged deficiency / medical negligence on the part of the O.P. Nos.1&2. 

We further find that if the cost of treatment as claimed by the Complainants i.e. Rs.20 lakh apart from claim raised on cost of litigation and also compensation amount claimed for causing mental agony, harassment on account of the alleged deficiency / medical negligence are added it will result in exceeding of the pecuniary jurisdiction of the Forum which is Rs.20 lakh as stipulated U/S 11(1) of the Consumer Protection Act, 1986. 

The aforesaid facts amply indicate that the instant complaint case is beyond the pecuniary jurisdiction of this Forum as prescribed U/S 11(1) of the Consumer Protection Act, 1986 which reads as follows: 

“......... the District Forum shall have jurisdiction to entertain complaints where value of the goods or service and the compensation, if any, claimed does not exceed Rs.20 lacs”. 

In view of discussion made above and having regard to the decision of the Hon'ble State Consumer Disputes Redressal Commission, West Bengal referred to by Learned Advocate for the O.P. Nos.1,2&3, we are of the considered opinion that the complaint is liable to be dismissed on ground of lack of pecuniary jurisdiction of this Forum.

The complaint is accordingly  dismissed without entering upon it's merits. 

The Complainants are however given liberty to move appropriate Forum for redressal of their grievances.