HON’BLE MR. KAMAL DE, PRESIDING MEMBER

Order No. : 02

Date : 25.06.2020

Both the parties are present through their Ld. Lawyers.

IA/18/2020 filed by OPs 1 to 3 is taken up for hearing.

No written objection is filed against the petition under disposal but Ld. Lawyer appearing for the complainant opposes the petition orally.

In filing the petition under disposal, it is stated that the case has been initiated before the Asansol Circuit Bench of West Bengal State Consumer Disputes Redressal Commission at KSTP Community Hall, Dakshin Dhadka, Asansol purely by suppression  of material facts as OP 1 Appollo Hospital Enterprise Limited has no Branch Office at Asansol, West Bengal.

It is also alleged that the treatment was done at Chennai and as such Hon’ble Commission at Asansol cannot assume the jurisdiction to try entertain and adjudicate the matter only because the complainant resides at Asansol as set forth in paragraph No. 20 of the said petition of complaint.

Ld. Lawyer appearing for the complainant has argued that Consumer Protection Act is a beneficial provision of law and the complainant is a consumer with the ambit of Section 2 (1) (d) of Consumer Protection Act, 1986 and he was the worst victim of wrongful medical treatment and considering his place of residence at Asansol, the case may be tried in Asansol.

We have gone through the prescriptions and medical documents as annexed with the petition of compliant.

It appears that the entire initial treatment of the complainant was done at Chennai after being referred by Dr. S. Chatterjee, OP 4.

The complainant, thereafter came back to Asansol from Chennai and consulted doctor Goutam Mukherjee eminent doctor of Kolkata and, thereafter the complainant approached Apollo Gleneagles Hospital, Kolkata, Histopathology Department.  

In view of such facts and circumstances and on law point, the initial treatment of the complainant was done at Chennai and as such if there be any grievances of the complainant he is to file the complaint before the Hon’ble State Commission at Chennai and even before Hon’ble SCDRC at Kolkata if he is treated in Apollo Gleneagles Hospital at Calcutta. No cause of action or part  to cause of action arose in Asansol. We think that Asansol circuit Bench no territorial jurisdiction to entertain the complaint.

In the aforementioned facts and circumstances in our view, we are afraid to hold that no cause of action wholly or in part arose in Asansol and this Bench of Asansol cannot entertain the complaint filed by the complainant for want of territorial jurisdiction.

We are fortified by the decisions reported in (2013) CPJ 31 (NC) and 2008 (4) CPR 363 (NC) 2016 (3) CPR 713 (NC), 2018 CTJ 954 (CP) (NCDRC) as cited by the Ld. Lawyer from the side of OPs 1 to 3.

Perused the decision of Hon’ble Apex Court in Kishore Lal VS Chairman, Employees State Insurance Corporation as cited by the Ld. Lawyer from the side of the complainant. This decision we think is not applicable in the facts and circumstances of this case.

As a logical corollary of the discussion as made in the earlier paragraphs, we think that Hon’ble Commission at Asansol cannot assume the jurisdiction to entertain and adjudicate the matter only because the complainant resides at Asansol. The case as framed is not maintainable before this Commission against OPs 1 to 3, for lack of territorial jurisdiction.

Hence,

                                    ORDERED

The instant IA case being No. IA/18/2020 is allowed on contest.

The case as framed is not maintainable against OPs 1 to 3 for want of territorial jurisdiction.

The instant IA Case is thus disposed of.