ORDER NO. 4 DT. 2.3.2011

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

          Applicant is present through Mr. Subhas Ch. Chatterjee, Ld. Advocate.  Heard him on the transfer petition.  Order/judgement is passed as under :-

          This is an application for transfer of the case from the District Consumer Disputes Redressal Forum, Barasat to any other Forum for expeditious disposal of the complaint case on the ground that the complainant is a 78-year old medical practitioner and waiting for disbursement of the insurance claim, which has been denied by the OP/Insurance Company, for which the complaint has been filed, which again is being delayed unnecessarily for the purpose of disposal.

          Upon perusal of the LCR we find that after the complaint was admitted for hearing the date was fixed for filing Vokalatnama on behalf of the Ops and written version to the complaint for the first time on 19.5.10.  On that date no written version was filed and accordingly 21.6.10 was fixed for filing written version.  Because of cease-work on 21.6.10 the complaint case was posted on 7.7.10 for filing written version as a last chance.  On that date the Ops having prayed for time for filing written version the same was allowed and on the next date, i.e. 22.7.10 the Ops again prayed for time for filing the same.  The Ops were directed to file the written version by 2.8.10 as a special chance on payment of cost of Rs. 300/-.  On 2.8.10 written version was filed by the Ops and 30.8.10 was fixed for peremptory hearing.  On 30.8.10 in presence of both the parties the peremptory hearing was fixed on 24.9.10.  On that date the complainant was found absent on repeated calls even though the Ops were present.  Accordingly the complainant was directed to show cause on 28.10.10.  The complainant having shown cause the case was again fixed for peremptory hearing on 29.11.10.  On the said date also the complainant was absent.  Consequently 24.12.10 was fixed for peremptory hearing.  Again on 24.12.10 the complainant was found absent although the Ops were present.  The complainant was, therefore, further directed to show cause by 11.1.11 as to why his case shall not be dismissed. This transfer application was filed on 11.08.2010 soon after the written version was filed on 02.08.2010.

          From these facts and circumstances we find that the disposal of the case by the concerned District Forum has not at all been unnecessarily delayed and/or dragged.  Rather the record speaks that on three occasions the hearing of the matter could not be taken up because of the absence of the complainant.  Therefore, we are not inclined to transfer the complaint case from the Forum where it is pending for disposal.  However, since the complainant is a very senior citizen and the complaint has been admitted for hearing on 24.3.10 and the complaint case has been posted for hearing, we dispose of the above application for transfer with the observation that the same be disposed of as expeditiously as possible, preferably within a period of three months from the date of receipt of the LCR back by concerned District Forum.  The LCR along with a copy of this order be sent down by the office immediately.