West Bengal

Kolkata-II(Central)

CC/377/2021

Mosammath Fahima Tabassum - Complainant(s)

Versus

M/S Lifeline, A Unit of GSA Surgical and Medicines Pvt. Ltd. - Opp.Party(s)

Saumen Sekhar Ghosh

23 Nov 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/377/2021
( Date of Filing : 08 Oct 2021 )
 
1. Mosammath Fahima Tabassum
1, Dighirpur, Canning, P.O. Canning, Dist. 24 Pgs. South, PIN-743329.
...........Complainant(s)
Versus
1. M/S Lifeline, A Unit of GSA Surgical and Medicines Pvt. Ltd.
31, Chowringhee Road, PS- Park Street, Kolkata-700016.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Swapan Kumar Mahanty PRESIDENT
 HON'BLE MRS. Sahana Ahmed Basu MEMBER
 HON'BLE MR. Ashoke Kumar Ganguly MEMBER
 
PRESENT:Saumen Sekhar Ghosh, Advocate for the Complainant 1
 
Dated : 23 Nov 2021
Final Order / Judgement

Order No. 02 Dated- 23.11.2021

           

            Today is fixed for admission hearing.

            Ld. Adv. for the complainant is present. He files an application supported by an affidavit stating that Mosammath Fahima, Tabassum and Fahima Tabassum is the same and identical person. Let the application be registered as MA No. 509/ 2021.

            Having heard the Ld. Adv. for the complainant and on perusal of the contents of the petition of complaint coupled with documents annexed thereto, we find that the cause of action of the instant case arose on 14.04.2021 when the OP has given wrong medicines. It is not out of place to mention that the complainant previously instituted Consumer Complaint against the OP (M/s Lifeline) on the same cause of action and the number of such case was CC No. 281/2021. Such complaint was rejected on 01.10.2021. It is settled law that within the same cause of action no fresh case shall be instituted.

            Based on the above discussion, we do not find any reason to entertain the consumer complaint and the complaint is rejected.

            Thus, MA being No. 509/2021 is disposed off.

 

 
 
[HON'BLE MR. Swapan Kumar Mahanty]
PRESIDENT
 
 
[HON'BLE MRS. Sahana Ahmed Basu]
MEMBER
 
 
[HON'BLE MR. Ashoke Kumar Ganguly]
MEMBER
 

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