State Consumer Disputes Redressal Commission
Sri Kishor Sardar vs Dr. Prabal Kanti Gayen & Others on 5 July, 2019
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 Transfer Application No. TA/3/2019 ( Date of Filing : 24 Jun 2019 ) (Arisen out of Order Case No. CC/91/2017 of District South 24 Parganas) 1. Sri Kishor Sardar S/o Panchu Ram Sardar, Vill. & P.O. - Belpukur, P.S. - Kulpi, Dist. South 24 Pgs., Pin - 743 351. ...........Appellant(s) Versus 1. Dr. Prabal Kanti Gayen & Others Staff of Kulpi Hospital, Kulpi Block, Kulpi Grami Hospital, P.O. & P.S. - Kulpi, Dist. South 24 Pgs., Pin - 743 351. 2. Juthika Jana Staff of Kulpi Hospital, Kulpi Block, Kulpi Grami Hospital, P.O. & P.S. - Kulpi, Dist. South 24 Pgs., Pin - 743 351. 3. Shibani Bera Staff of Kulpi Hospital, Kulpi Block, Kulpi Grami Hospital, P.O. & P.S. - Kulpi, Dist. South 24 Pgs., Pin - 743 351. 4. Dr. Nihar Ranjan Mondal Staff of Kulpi Hospital, Kulpi Block, Kulpi Grami Hospital, P.O. & P.S. - Kulpi, Dist. South 24 Pgs., Pin - 743 351. 5. Dr. Jafar Ali Kapat Hat, Diamond Harbour, P.S. - Diamond Harbour, Pin - 743 331, Dist.South 24 Pgs. 6. Astha Maternity & Nursing Home Kapat Hat, Diamond Harbour, P.S. - Diamond Harbour, Pin - 743 331, Dist.South 24 Pgs. 7. Dolon Mal Staff of Kulpi Gramin Hospital, now transferred to Jagadishpur Hospital, P.H.C., presently at Vill.Jagadishpur, P.O. & P.S.-Dholahat, Dist. South 24 Pgs., Pin -743 399. ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER HON'BLE MR. SHYAMAL KUMAR GHOSH MEMBER For the Appellant: Inperson For the Respondent: None appears Dated : 05 Jul 2019 Final Order / Judgement HON'BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT This Proceeding for transferring the Complaint Case being C.C. 91 of 2017 from the D.C.D.R.F., 24 Parganas (South) at Baruipur to any other Forum is taken up for hearing and for passing necessary order. It is taken up for hearing at the instance of a letter of request dated 14.6.2019 sent by the President of the D.C.D.R.F., South 24 Parganas at Baruipur . The background of the instant Transfer Proceeding was that the filing Advocate of this case, who has filed another Complaint Case of his own , lost his case before ld. D.C.D.R.F., and consequently he expressed displeasure not only before the Court/Bench but also in the chamber of the ld. President. Today the complainant appeared personally before us and submitted that he was ready to engage another lawyer to argue his case and requested us not to transfer the Complaint Case from the D.C.D.R.F. concerned to any other Court.
From the order-sheets supplied with the file reveal that the date of delivery of judgement was fixed on 7.2.2019. Two dates were deferred. Now at this stage it is the duty of the D.C.D.R.F. concerned to deliver the judgement obviously on merit instead of being swayed by any remark by the lawyer which was of his own. The complainant himself expressed his confidence on the D.C.D.R.F. South 24 Parganas at Baruipur once again requested us to ask the Ld.D.C.D.R.F. to deliver the judgement on merit . Taking into consideration all these aspects, as referred to above we request ld.D.C.D.R.F. not to be swayed by any costic remarks of any lawyer particularly when the complainant is ready to change his lawyer.
Accordingly, we like to impress upon Ld.D.C.D.R.F. to dispose of the Complaint Case on merit after hearing a fresh argument if it feels necessary to do so.
With these observations we dispose of the instant T.A. proceeding. To 8/8/2019 for appearance of the parties before Ld.D.C.D.R.F., office to communicate this order to the Forum concerned. [HON'BLE MR. JUSTICE ISHAN CHANDRA DAS] PRESIDENT [HON'BLE MRS. SAMIKSHA BHATTACHARYA] MEMBER [HON'BLE MR. SHYAMAL KUMAR GHOSH] MEMBER