Order
The complainant Vijay Roy has filed his case for claim of Rs. 2 lakh including the treatment expenses Rs. 1,87,000/- Rs. 10,000/- for physical, mental, harassment , and Rs. 30,000/- for litigation cost. 15-02-2017 .
The case of complainant appears from his complaint petition dated 19-08-2011 supported with an affidavit filed on 23-08-2011 that his wife Sugan Devi was started to take medical treatment from November 2009 from Hospital Sent Stiphen, Tishahari, Delhi where several stapes were followed as per direction of the Dr. Prag Gputa but has admitted her on 29-12-2009 in his hospital and has filed fix date of operation as on 21-02-2010 and operation was done one pipe also connected during the operation connected with Kidney latter on X.ray was done and was informed that no stone is available in her kidney but after operation the vomiting was continued the complain of sever pain in her stomach . As per direction of Dr. Prag Gputa she has taken medicines continued. Dr. has advised her to go their home town and contacted with gynecologist, accordingly she came toMuzaffarpur and got examined in Prashant medical Hospital from where X.ray, ultrasound was made and it appears that in her left kidney stone is available by that she is suffering from pain and vomiting. After hearing the said fact. It appears in his mind that the Dr. with Hospital Manament under the connivance they have got expended Rs. 1,87,000/- in treatment of wife and he became astronished as such it appears that the discrepancy arises against o.p again. He contacted in July, August and September, 2010 to the o.p for pain and swelling. He has further alleged that the Hospital kept his all treatment receipt and as such others only he has filed Xerox copy of the said prescriptions of treatment and receipt of medicines and after serving the legal notice dated 01-07-2011 the complainant has filed this case with aforesaid claim.
The complainant has filed Xerox copy of several papers such as payment receipts, of several dates, X.ray report, Ultrasound report, copy of legal notice.
The complainant has filed affidavit of his witnesses in support of his case they are wife of complainant Sugan Devi dated 08-04-2012 Arun Kr, Mishra, Rajendra Roy, Panwan, Kr. Vijay Roy complainant dated 05-03-2013 who have substantiated the alleged fact made by the complainant is complaint petition they are not cross examined by o.p.
The complainant has filed certain original receipts regarding her treatment in the o.p Hospital including the cash memos.
In this case o.p appeared and filed his application dated 02-06-2012 alleged therein that the allegation made in complaint are false and baseless and not true and correct the o.p has challenged the jurisdiction of this forum as o.p Hospital is situate at Delhi where she has got treatment alleged to be deficiency and as such no cause of action arises against the o.p. He has further relied on section -11 of CP Act against whom complaint can be lodged, the o.p is doing his business out of jurisdiction of this forum he had no any branch office under the territorial jurisdiction of this forum and on this ground he has prayed to dismiss the case.
Considering the facts circumstances material available with the record as well as allegation of the respective parties it is admittedly clear tha the case of complainant is only against the joint director and Hospital and Dr. Parag Gupta both of Sent Stephens Hospital Tishahazi Delhi no any other person has been made party who is doing his business as branch office of o.p in the territorial jurisdiction of this forum. As such it is clear cut defect of territorial of jurisdiction and this forum has got no jurisdiction to try this case.
Accordingly the case is stand dismiss.
