Tripura

StateCommission

RP/4/2016

Dr. Suresh Kumar Bajoria - Complainant(s)

Versus

Mr. Tanmoy Podder - Opp.Party(s)

Mr. Sankar Bhattacharjee

19 Sep 2016

ORDER

Heard Ld. Counsel Mr. S. Bhattacharjee appearing for the revision petitioner as well as Ms. A. Banik, Ld. Counsel appearing for the complainant-respondent no.1

The instant revision petition is taken up for final disposal at this stage.

This revision petition is filed by the petitioner Dr. Suresh Kumar Bajoria against the order dated 28.07.2016 passed by the Ld. District Consumer Disputes Redressal Forum, West Tripura, Agartala in Case No.CC-33/2016, wherein, the Ld. District Consumer Disputes Redressal Forum dismissed the objection raised by the respondent no.2, NH Rabindranath Tagore International Institute of Cardiac Science, Mukundapur, EM Bypass, Kolkata, West Bengal and respondent no.3 NH Rabindranath Tagore International Institute of Cardiac Science, Branch Office at Agartala, Shyamali Bazaar.

The grievances of the petitioner are that, admittedly, the NH Rabindra Nath Tagore International Institute of Cardiac Science has a Branch Office at Agartala, but cause of action was neither arose at the Branch Office nor against any action taken by the said Branch Office. According to the amended section of 17 (2) (b) of the Consumer Protection Act, 1986, branch office means where the cause of action has arisen. Thus, according to the petitioner, the District Consumer Disputes Redressal Forum, West Tripura has no jurisdiction to decide the issues involved in the complaint petition.

On the other hand, the case of the complainant-respondent no.1, is that NH Rabindranath Tagore International Institute of Cardiac Science, Mukundapur has a Branch Office at Agartala, Shyamali Bazaar. Thus the branch at Agartala is within the jurisdiction of Ld. District Consumer Disputes Redressal Forum, West Tripura, Agartala. Thus the said Forum has the jurisdiction to hear the complaint of the complainant.

Mr. Bhattacharjee Ld. Counsel appearing for the petitioner submits that though the petitioner received the summon from the Ld. District Consumer Disputes Redressal Forum, but  he could not file any objection relating to jurisdiction though the respondent NH Rabindranath Tagore International Institute of Cardiac Science, Mukundapur has raised the objection. 

On the other hand, Ms. A. Banik Learned counsel appearing for the respondent no.1-complainant submits that the petitioner should have raised first the question of jurisdiction before the Ld. District Consumer Disputes Redressal Forum, West Tripura. There is no doubt that question of jurisdiction of the Ld. District Consumer Disputes Redressal Forum can be raised even in the appeal, the Revision petition also being the same question of law, but as the petitioner did not file any objection before the Ld. District Consumer Disputes Redressal Forum, we are of the opinion that petitioner may be given an opportunity to raise the said question of jurisdiction before the Ld. District Consumer Disputes Redressal Forum and the Ld. District Consumer Disputes Rredressal Commission after hearing the parties may decide the issues afresh.

In view of the above, the impugned order dated 28.07.2016 is set aside for decision afresh.

Transmit the copy of this order to the Ld. District Consumer Disputes Redressal Forum, West Tripura and also furnish a copy of this order to the Ld. Counsels for the parties.

Revision petition is accordingly disposed of.