Sri Karna Prasad Burman, President

Order No.48, dated 25/04/2018

Received the Memo No.530/1(2)/SC/2T-1/02 (Part-II) dated 06.04.18 from the Registrar, State Consumer Disputes Redressal Commission, West Bengal alongwith the Final Order dated 03.04.18 passed by Hon’ble Mr. Justice Ishan Chandra Das, President and Hon’ble Mr. Tarapada Gangopadhyay, Member of State Consumer Disputes Redressal Commission, West Bengal passed in Transfer Application No.TA/3/2018 (Arisen out of Order Case No.CC/1/2015 of District Cooch Behar) wherein it is ordered:

“This is to consider an application U/s 17 A of the Consumer Protection Act, 1986 where the complainant of CC 1 of 2015 pending before the Ld. DCDRF, Cooch Behar applied for transfer of the said case to any other Forum in North Bengal.  The background of the instant application was that he filed a complaint case before the Forum concerned claiming compensation due to medical negligence against the Opposite Parties who are a doctor and a Nursing Home.  It is the allegation of the complainant/applicant that the Forum concerned was reluctant in disposing of the complaint case.  He drew our attention to the orders dated 1/4/15 to 5/5/2015, 25/5/2015, 11/6/2015, 25/6/2015 and the subsequent orders of the said complaint case.

We have carefully considered the submissions of Ld. Counsel for the applicant in the light of the daily orders as noted above and we are of firm opinion that for the ends of justice the power conferred upon the State Commission as per provision of Section 17A of the Act should be exercised to protect the interest of justice by way of transferring the instant case from DCDRF, Cooch Behar to DCDRF, Jalpaiguri.  Hence, we allow the T.A. 3/2018 and direct that the C 1/2015 pending before Ld. DCDRF, Cooch Behar be transferred to DCDRF, Jalpaiguri for disposal.”

Hence, in compliance with the aforesaid order, the instant case record being No. CC/1/2015, in original, be transferred showing the same as “disposed of” from this Forum to the DCDRF, Jalpaiguri through Speed Post, after keeping the skeleton record.

The copy of this order also be available in the following website :

confonet.nic.in