Both parties are heard on the point of maintainability on 20.08.15.  The Ld. Advocate for the OP does not hold the petitioner to be a consumer in the instant case and so prays for dismissal of the case.  He further submits that even if the petitioner was a consumer the case also lacks in territorial jurisdiction and cannot be adjudicated in the present Forum.  The Ld. Advocate for the petitioner holds a contrary view that the petitioner is a consumer under the OPs and the Forum has got jurisdiction to adjudicate the case.

After close scrutiny of the documents submitted by the petitioner we find from the copy of the West Bengal Health Scheme 2008 issued by the Finance Dept, the petitioner Samiran Saha is the employee and his wife Deepa Saha is included within the family and hence beneficiary and hence consumer U/S 2(d) of the Consumer Protection Act, 1986.  But the instant case lacks in territorial jurisdiction and therefore not maintainable. 

Hence,

Ordered,

that the case CC/2014/155 is dismissed on the ground of maintainability but since the Forum holds the petitioner to be a consumer he is given the liability to file the case afresh before the appropriate Forum according to territorial jurisdiction as per Section 11(2)(a) or (b) of the Consumer Protection Act, 1986.