Order-10.

Date-19/08/2015.

Today is fixed for hearing the maintainability petition as filed by the OPs.  Complainant’s son and Ld. Lawyer for the OPs are present. 

          Heard Ld. Lawyer for the OP and also the complainant’s son and after considering the petition as filed by the OP it is found that OP has challenged the jurisdiction of this Forum to entertain this complaint on the ground the treatment was as per complaint was done by Dr. Susanta Roy at his personal chamber, not at City Dental Hospital.  So, in this regard we have considered the complaint including the prescription and from the prescription it is found that complainant was initially examined at City Dental Hospital at 241, B.B. Ganguly Street, P.S. Bowbazar, Kolkata – 700 012 and also on 25-11-2013 on payment of fees of Rs.200/- each.

Thereafter, complainant shifted to Dr. Susanta Roy on 26-11-2013 at his chamber and thereafter on 30-11-2013 Dr. Susanta Roy received Rs.5,000/- from him for RCT of two teeth  at the rate ofRs.2,500/-.  Thereafter, he was examined on 12-12-2013 on doctor’s chamber at Salt Lake and there he continued his treatment up to 12-12-2013.  Considering the prescription it is clear Dr. Susanta Roy treated this patient at his chamber from 26-11-2013 to 12-12-2013 not at City Dental Hospital but fact remains he is a visiting surgeon at City Dental Hospital.  No document is produced by the complainant to show that on each and every occasion he was treated by Dr. Susanta Roy at City Dental Hospital.  So, considering that fact it is found entire treatment was given by Dr. Susanta Roy to the complainant at his chamber which is situated at Salt Lake but no part of treatment made by the doctor as a doctor of City Dental Hospital and considering that fact when the allegation is made against the doctor about the treatment that means against the doctor Dr. Susanta Roy in his personal capacity as a dental surgeon and no doubt cause of action arose within Salt Lake areas because this doctor’s dental clinic is at CB-45, Sector-I, Salt Lake, P.S. Bidhannagar(North), Kolkata – 700 064 near tank no.2 then cause of action arose within the jurisdiction of North 24 Parganas.

Then it is clear no part of cause of action arose within the jurisdiction of this Forum and at the same time this doctor Dr. Susanta Roy did not treated him in any clinic which is situated within the jurisdiction of this Forum and for which we are convinced that this Forum has no jurisdiction to decide the dispute.  In view of the fact the cause of action arose outside the jurisdiction of this Forum, i.e. within the jurisdiction of North 24 Pgs.  So, there is no alternative but to return the complaint including all other documents to the complainant on the ground of jurisdiction.  So, the present case is dismissed on the ground of jurisdiction only.  But complainant shall have his right to file a fresh complaint before the proper Forum i.e. on the Forum North 24 Pgs. at  Barasat.

Hence,

Ordered

That the complaint be and the same is not maintainable on the ground that this Forum has no jurisdiction to decide it and for which the complaint is rejected.

          Complainant shall have the liberty to file this compliant with proper Forum at Barasat and complainant is requested to take back all the documents including the present complaint for presentation of the same as per law before that Forum.