HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. The complainant Piyali Halder Saha has filed this petition of complaint praying for the following reliefs :-

“i) Delay if any in filing the complaint be condoned.

ii) An order may be passed directing the Opposite Party to pay a sum of Rs.55,00,000/- (Rupees Fifty five lakh) towards reimbursement of the medical expenses which was incurred by the Complainant towards treatment  of gangrene which was caused only due to the wrong treatment of the Opposite Party No. 1 hospital.

iii) An order may be passed directing the Opposite Party No. 1 hospital to pay a sum of Rs.10,00,000/- to the Complainant towards mental agony and physical pain which has been suffered by her due to the wrong treatment by the Opposite Party No. 1 hospital.

iv) Attachment before judgment.

v) Receiver

vi) Cost

vii) Other reliefs.”

2. Heard the Learned Advocate appearing for the complainant and also perused the record.

3. Having heard the Learned Advocate appearing for the complainant and on perusal of the record it appears to me that the complainant has valued the complaint case at Rs.55,00,000/- (Rupees fifty five lakh) only.

4. Under the Consumer Protection Act, 2019 the pecuniary jurisdiction for the State Commission is required to be determined on the basis of “value of goods from services paid as consideration.” In the present case the complainant has nowhere stated in the petition of complaint about the actual amount which she has paid to the Opposite Parties towards consideration for services.

5. In the result, I am of the opinion that, as at present, the complainant has not been able to satisfy me as to what basis the claim reached at Rs.55,00,000/- (Rupees fifty five lakh only), has been quantified, I am convinced the claim has been inflated in order to invoke the jurisdiction of this Commission.

6. Consequently, I decline to admit the complaint. The complaint is dismissed accordingly, with liberty to the complainant to suitably amend her complaint and file the same before the appropriate Consumer Forum. If the complainant chooses to file fresh complaint, her application for condonation of delay, if any, shall be considered by excluding the time spent before this Commission.

7. The complaint case is thus disposed of accordingly.