Date of Filing : 31-07-2017                                         Date of Order : 21-08-2017

Sri Asish Kumar Senapati, President.

Order No.5, dated 21/08/2017

         Ld. Agent for the Complainant is present.

         The case is taken up for hearing on the point of territorial jurisdiction of this Forum to entertain this Complaint.

         The facts of the Complaint is that the Complainant was examined by Dr. T.K. Chanda (Proforma OP) with complaint of severe pain in his abdomen with vomiting on 17.04.15 at Coochbehar.  After examination, Dr. Chanda advised the Complainant to undergo USG of upper abdomen.  It reveals from the USG report of Gall Bladder that it is normally distended and increased wall thickness (4.2 mm), one small calculus (5.9 mm)  & Profuse sludge are seen in Gall Bladder Lumen.

        It is further case of the Complainant that the Complainant was taken to Mitra Nursing Home, Siliguri and got  admitted as per advice of Dr. Abhisek Biswas from 18.09.15 to 21.09.15 and was advised further surgery after 4 to 6 weeks.  On going through the MRCP report, Dr. Biswas advised the Complainant to go to OP No.2/Sai Hospital & Gastro Liver Clinic, Siliguri and he was admitted there under Dr. Narayan Agarwal/OP No.1 from 23.10.15 to 1.11.15 and again from 3.11.15 to 10.11.15 but the Complainant did not get proper relief.  So, the Complainant rushed to Asian Institute of Gastroenterology, Hyderabad and he was treated there from 11.11.15  under  Dr. G.C. Rao. 

         The Complainant has prayed for compensation against the OP Nos.1 and 2 for their medical negligence and deficiency in service.  The claim amount is well within the pecuniary jurisdiction of this Forum.  Now the question is whether this Forum has territorial jurisdiction to entertain  this complaint.

          It appears from the version of the Complainant and the documents  that the Complainant was initially treated by Dr. T.K. Chanda at Cooch Behar and he only advised USG of upper abdomen and some other tests and prescribed some medicines.  The USG report of Cooch Behar Scan Centre dated 17.09.15 reveals that one small calculus is inside the Gall Bladder.

          The Ld. Agent for the Complainant submits that this Forum has territorial jurisdiction over the present complaint as a part of cause of action i.e. initial treatment by Dr. T.K. Chanda was at Cooch Behar.  He draws our attention to Section 11(2)(c) of CP Act, 1986. It is urged that the complaint shall be instituted in the District Forum within the local limit of whose jurisdiction the cause of action, wholly or in part, arises.  He contends that the cause of action of this case arose at Cooch Behar  which is within the territorial jurisdiction of this Forum as Dr. T.K. Chanda advised  the patient for USG of upper abdomen and USG was done at Cooch Behar Scan Centre which led the Complainant to go to OP No.1 and 2 for treatment. 

          He also draws our attention to the decision reported in (2013) CJ 284 (NC) wherein it is held that accrual of  cause of action confers jurisdiction on District Forum.  He also refers another decision reported in 2016 (3) CPR586(NC) wherein it is held that the complaint can be instituted in District Forum within local limits of whose jurisdiction cause of action whole or partly arises even if  none of OPs resides or carries on business within said jurisdiction.

      We have gone through the relevant provisions of Section 11 of CP Act, 1986 and decisions referred by the Ld. Agent for the Complainant.  The principles of the decisions referred by the Ld. Agent for the Complainant cannot be disputed and it is settled principles of law.

         The cause of action as we understand is  bundle of facts which the party coming to a Court will have to prove in order to succeed in his/her case.

         In the present case, it is not alleged that OP Nos.1 and 2  made difference of opinions about the line of treatment of Dr. T.K. Chanda or the USG report of Cooch Behar Scan Cetre dated 17.09.15 leading to medical negligence and deficiency in service.  The allegations of the Complainant are against OP No.1 and 2 for their medical negligence and deficiency in service and it has no bearing with the treatment of the Complainant by Dr. T.K. Chanda.

          In our considered view, the cause of action of this case arose at Siliguri which is not within the territorial jurisdiction of this Forum.  Hence, we have no other option but  to dismiss the complaint for want of territorial jurisdiction.

Hence,

it is Ordered,

           That the Complaint case be and the same is hereby dismissed for lack of territorial jurisdiction of this Forum without any order as to cost.