| First Appeal No. A/634/2015 | | ( Date of Filing : 04 Jun 2015 ) | | (Arisen out of Order Dated 29/04/2015 in Case No. Complaint Case No. CC/113/2013 of District Jalpaiguri) |
| | | | 1. The Manager, North Bengal Clinic Pvt. Ltd. | | Meghnad Saha Sarani, Pradhannagar, Siliguri, Dist. Darjeeling, Pin-734 003, West Bengal. | | 2. Dr. Kallol Kr. Roy, (M.S. Surgeon, Cal, F.M.A.S., F.I.A.G.E.S.) | | C/o Marina Medical Centre Pvt. Ltd., Babupara, P.O. & Dist. - Jalpaiguri, Pin -735 101. | | 3. Dr. Santanu Kar (F.R.C.S., Eng.) | | C/o North Bengal Clinic Pvt. Ltd., Meghnad Saha Sarani, Pradhannagar, Siliguri, Dist. Darjeeling, Pin -734 003. |
| ...........Appellant(s) | |
| Versus | | 1. Sri Pradip Das | | S/o Sri Dinabandhu Das, Ghughudanga, Daspara, P.O. - Kharija Berubari, P.S. - Kotwali, Dist. - Jalpaiguri, West Bengal. | | 2. The Manager, Marina, Medical Centre Pvt. Ltd. | | Babupara, P.S. Kotwali, P.O. & Dist. - Jalpaiguri, Pin Code- 735 101, W.B. | | 3. Dr. Barun Kisor Biswas(M.B.B.S.Cal, M.D. Cal, Dip Card, Cal, W.B.H.S.) | | Ukilpara, P.O. & Dist. - Jalpaiguri, Pin - 735 101. | | 4. Dr. Nitish Das, M.S. | | C/o North Bengal Clinic Pvt. Ltd., Meghnad Saha Sarani, Pradhannagar Siliguri, Dist. - Darjeeling, Pin - 734 003. |
| ...........Respondent(s) |
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| Final Order / Judgement | HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT - The Appellants are represented through their Learned Advocate. Mr. Falguni Bandyopadhyay, Learned Advocate appears on behalf of the Respondent No.1 and filed fresh Vakalatnama on behalf of the Respondent No. 1 which be kept with the record.
- Heard Learned Advocates appearing for the respective parties. Perused the record. Considered.
- Upon hearing both sides and on perusal of the record, it appears to us that this appeal has been filed against the impugned order dated 29/04/2015 passed by the Learned District Consumer Disputes Redressal Commission, Jalpaiguri, in connection with Complaint Case No. CC/113/2013.
- Under the Consumer Protection Act, 1986 the consumer complaint has to be filed within the jurisdiction where the Opposite Parties reside or the cause of action has arisen in part or wholly. From the memo of appeal and the Complaint case, it appears to us that address of both the parties are under the district of Jalpaiguri and Darjeeling, not within the territorial jurisdiction of this Commission.
- From the record, it also appears to us that no cause of action wholly or partly seems to arise within the territorial jurisdiction of this Commission. Hence, as per section 17 of sub section 2 of the Consumer Protection Act, 1986, this Commission lacks territorial jurisdiction to entertain the appeal.
- Under this facts and circumstances and on consideration of the materials on record, we hold that this Commission has no territorial jurisdiction to deal with this matter. So, the appeal be and the same is transferred to the State Commission, Circuit Bench at Siliguri for disposal.
- Both the parties are directed to appear before the State Commission, Circuit Bench at Siliguri on 10/11/2022 for receiving further direction.
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