| STATE CONSUMER DISPUTES REDRESSAL COMMISSION | | WEST BENGAL | | 11A, Mirza Ghalib Street, Kolkata - 700087 |
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| First Appeal No. A/483/2019 | | ( Date of Filing : 26 Jun 2019 ) | | (Arisen out of Order Dated 28/05/2019 in Case No. Complaint Case No. CC/47/2019 of District Murshidabad) |
| | | | 1. Ambalika Halder | | W/o Avijit Halder, Vill. - Chhoto Satui, P.O. - Satui, P.S.- Berhampore, Dist. Mushidabad, Pin - 742 405. |
| ...........Appellant(s) | |
| Versus | | 1. The Secretary, Deptt. of Health & Family Welfare Deptt. & Others | | Govt. of W.B., Swasthya Bhawan, G.N - 29, Sector -V, Salt Lake, Kolkata - 700 091. | | 2. The District Magistrate & Collectorate, Murshidabad | | P.O. & P.S. - Berhampore, Dist. Murshidabad, Pin - 742 101. | | 3. The Chief Medical Officer, Health(CMOH), Murshidabad, Dept. of Health & Family Welfare | | P.O. & P.S. - Berhampore, Dist. Murshidabad, Pin - 742 101. | | 4. The Deputy Chief Medical Officer, Health-III(Dy. CMOH-III), Murshidabad, Family Planning | | P.O. & P.S. - Berhampore, Dist. Murshidabad, Pin - 742 101. | | 5. The Medical Officer, Saktipur Rural Hospital | | Beldanga-II, P.O. - Saktipur, Dist. Murshidabad, Pin - 742 163. |
| ...........Respondent(s) |
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| BEFORE: | | | | HON'BLE MR. JUSTICE MANOJIT MANDAL PRESIDENT | | | HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER | | | HON'BLE MR. SHYAMAL KUMAR GHOSH MEMBER | |
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| Dated : 06 Oct 2023 |
| Final Order / Judgement | HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT - This appeal has been filed under section 15 of the Consumer Protection Act, 1986 ( in short, ‘the Act’) arising out of the order No. 8 dated 28.05.2019 passed by the Learned District Consumer Disputes Redressal Forum, Berhampore, Murshidabad ( in short, ‘the District Forum’, presently ‘the District Commission’) in connection with complaint case No. CC/47/2019. By the order impugned the District Commission has rejected the complaint case as not maintainable.
- After filing of the appeal notice was duly served upon the respondents. On 11.09.2023 the present appeal was fixed for final hearing and for filing BNA by both the parties. On that date none appeared on behalf of the parties. As such, the hearing of arguments was concluded on that date.
- Perused the materials on record including inter alia the impugned order No. 8 dated 28.05.2019 of the Learned District Commission and the memo of appeal. We have gone through the impugned judgment, memo of appeal and the materials available on the record and found that the District Commission properly considered the facts and circumstances of the case and finally arrived at the conclusion and passed the impugned judgment which, according to us, calls for no interference by this Commission. As such, it is liable to be affirmed and the appeal is liable to be dismissed.
- In the result, the appeal be and the same is dismissed.
- The appeal is thus disposed of accordingly.
- Let a copy of this order be sent to the Learned District Commission for information and taking necessary action, if any.
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| | | [HON'BLE MR. JUSTICE MANOJIT MANDAL] | PRESIDENT
| | | | | | [HON'BLE MRS. SAMIKSHA BHATTACHARYA] | MEMBER
| | | | | | [HON'BLE MR. SHYAMAL KUMAR GHOSH] | MEMBER
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