The Ld. Advocate for  the O.P. Nos 1&2 is present.

        Today is fixed for order on the point of territorial jurisdiction of the case  as per direction of the Hon’ble State Commission passed in RP No. 184/2017 dated 31.01.19.

   The OP Nos. 1 and 2 filed a petition challenging the maintainability of the case on 20.01.15 on the ground of  territorial jurisdiction. The petition was disposed of vide order of this Forum dated 15.05.17. Being aggrieved by and dissatisfied with the said order No.30 dated 15.05.17, the OP Nos. 1 and 2 filed Revision Petition No.184/2017 and the Hon’ble State Commission has been pleased to allow the Revision by setting aside the order No.30 dated 15.05.17 with a direction to dispose of the complaint case so far as the territorial jurisdiction is concerned in the light of the provision of section 11 (2) of the CP Act within one month from the date of receipt of the order.

      This Forum received the order on 15.02.19 and fixed the date of hearing on the point of territorial jurisdiction of this case on 06.03.19. The case was adjourned on 06.03.19 and 14.03.19 due to lack of quorum and ultimately the date of hearing was fixed on 02.04.19.

     On 02.04.19, the Ld. Advocates of both sides filed hazirah but the Ld. Advocate for the Complainant did not turn up till 1 p.m. As a result, we heard the Ld. Advocate for the OP Nos. 1 and 2 on the point of territorial jurisdiction and fixed 03.04.19 for passing order on the point of maintainability of this case.

  Subsequently, the Ld. Advocate for the Complainant filed a petition  at 2 p.m. praying for adjournment on the ground of his senior Advocate but none moved the said petition for adjournment.

     Considering the ground of absence of the Ld. Advocate for the Complainant, the Ld. Advocate for the Complainant was allowed to make his/her submission on 03.04.19.

     Today the Ld. Advocate for the OP Nos.1 and 2 is present but none on behalf of the Complainant is available till 2.45 pm. Hence, the case record is taken up for passing order on the point of territorial jurisdiction of this case.

     The gist of the petition dated 20.01.15 filed by the OP Nos.1 and 2 challenging the territorial jurisdiction of the case is as follows:-

      The addresses of the OP Nos 1&2  against whom allegations have been made and compensation has been claimed are outside the limit of the territorial jurisdiction of this Forum and cause of action arose outside the territorial jurisdiction of this forum.

    The Complainant filed written objection on 09.06.15 against the petition dated 20.01.15contending  that the case is maintainable as the very root of negligence has been started from Murshidabad Medical College and Hospital and the OP No.3, Superintendent of Murshidabad Medical College and Hospital is also party.

    The Ld. Advocate for the OP Nos. 1 and 2 has  submitted that the Complainant alleged in his complaint petition that the Complainant was referred by Dr. B.P. Chatterjee of Murshidabad Medical College and Hospital on 14.05.14 to the OP No.1 and the Complainant was under treatment of the OPs during the period from 14.05.14-19.05.14 and there was medical negligence on the part of the OP Nos. 1 and 2. He submits that the addresses of the OP Nos.1 and 2 against whom alleged cause of action arose were out of territorial jurisdiction of this Forum and no document has been filed to establish that Dr. B.P. Chatterjee of Murshidabad Medical College and Hospital  referred the complainant to the O.P. No.1 He prays for dismissal of the complaint as not maintainability due to lack of territorial jurisdiction.

     Perused the written complaint, documents on record, the petition dated 20.10.15 and its written objection dated 09.06.15. Admittedly, the Complainant has alleged medical negligence and deficiency in service against the OP Nos.1 and 2 for his treatment from 14.05.14. to 19.05.14. It appears from the written complaint and the discharge certificate dated 19.04.14 that the Complainant was admitted at OP No.1 Hospital on 14.05.14 and discharged on 19.05.14. Admittedly, the addresses of the OP Nos. 1 and 2 are not within territorial jurisdiction of this Forum. The Complainant has made the Superintendent, Murshidabad Medical College and Hospital as OP No.3 but there is no cause of action against the OP No.3. Hence we have no hesitaion to hold that this Forum has no territorial jurisdiction to entertain the complaint. Hence the Petition dated 20.01.15  filed by the O.P. Nos 1&2 is allowed. Accordingly, the Complainant case be dismissed for want of territorial jurisdiction.