28/04/16
HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT
This Revision Petition is directed against the order no.11 dated 13/04/15 passed by Learned District Forum, Kolkata, Unit-I in CC 376 of 2014 rejecting the petition filed by OP Nos.1, 4 and 6 challenging the maintainability of the complaint case. The Learned District Forum rejected the petition filed by the OPs and held that the complaint case was maintainable.
The Learned Counsel for the Revision Petitioners has submitted that the address of each of the OPs is under P.S. Kasba and the territorial jurisdiction was under South 24-Parganas. It is contended that OP Nos.7 to 10 were the Proforma OPs against whom no prayer was made in the prayer portion of the petition of complaint. It is submitted that OP Nos.7 to 10 are not the necessary parties in the complaint case.
It is submitted by the Learned Counsel for the Respondent Nos.1, 2 and 3 that the OPs did not file W.V. in the petition of complaint and the Learned District Forum was justified in rejecting the petition filed by the OPs challenging the maintainability of the complaint case. It is contended that it is not a case of medical negligence, but a case of unfair trade practice. It is contended that the anomaly has been stated in paragraph 7 of the petition of complaint. It is submitted that the Revision Petitioner herein did not file the documents which the Complainant filed before the Learned District Forum. It is contended that OP Nos.7 to 10 of the petition of complaint are necessary parties and according to the address of OP Nos.7 to 10 the Learned District Forum, Kolkata, Unit-I has territorial jurisdiction to entertain the complaint.
The Learned Counsel for the Respondent Nos.4 to 6 has submitted that the Respondent No.7 herein is the Adjudicating Authority against whom no relief has been claimed in the petition of complaint.
We have heard the submission made by both sides. It appears that OP Nos.1 to 6 are the principal OPs in the petition of complaint and in the prayer portion the Complainants have prayed for compensation against OP Nos.1 to 5. OP Nos.7 to 10 are the Proforma OPs against whom no relief has been claimed. As per C.A. Department’s notification no.2906-CA/ESTT/O/5C-17/13 dated 07/10/15 P.S. Kasba falls under the territorial jurisdiction of District Forum, Kolkata, Unit-II. But it appears that the complaint was filed before the Learned District Forum, Kolkata, Unit-I in the year 2014. As per C.A. Department’s notification no.1166-CA dated 27/07/04 it appears that P.S. Kasba was under the jurisdiction of South 24-Parganas. So according to notification dated 27/07/04 the complaint should have been filed before the District Forum, South 24-Parganas. The address of the OP Nos.7 to 10 of the petition of complaint is immaterial, in as much as, those were the Proforma OPs against whom no relief was claimed in the petition of complaint. The Learned District Forum committed material irregularity in passing the impugned order. Since the Complainant ought to have filed the complaint before the Learned District Forum, 24-Parganas (South) and as per subsequent notification dated 07/10/15, P.S. Kasba falls under the jurisdiction of Kolkata, Unit-II, we find it expedient in the interest of justice to withdraw the case no.CC 376 of 2014 from District Forum, Kolkata, Unit-I and transfer the same to South 24-Parganas.
The Revision Petition is allowed. The impugned order is set aside. The case no.CC 376 of 2014 pending before District Forum, Kolkata, Unit-I be withdrawn and transferred to District Forum, South 24-Parganas fixing 16/06/16 for appearance of the parties before Learned District Forum, South 24-Parganas. Inform both the District Fora.
