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State Consumer Disputes Redressal Commission

Mehar Singh vs Dr.Romesh K.Salhan on 10 December, 2013

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
        DAKSHIN MARG, SECTOR 37-A, CHANDIGARH.

                     Transfer Application No. 07 of 2013

                                     Date of institution     : 04.09.2013
                                    Date of decision         : 10.12.2013

Mehar Singh, House No.982, Sector-79, Mohali.

                                                  ...Applicant/Complainant
                                  Versus

1.    Dr.Romesh K.Salhan, M.D. (Regd) R/o # No. HIG-952, Sector-70,
      SAS Nagar, Mohali.
2.    Dr.Sodhi's Health Care, Multi-specialty Hospital & IVF Centre,
      House No.1524, Sector 69, SAS Nagar, Mohali through its
      Manager/Incharge.

                                           ...Respondents/Opposite Parties

                              Transfer application from District
                              Consumer Disputes Redressal Forum,
                              Mohali to some other District Forum.

Quorum :-
               Hon'ble Mr. Justice Gurdev Singh, President.
               Shri Baldev Singh Sekhon, Member.

Mrs. Surinder Pal Kaur, Member Present:-

      For the applicant       :      None
      For respondent No.1     :      Sh.Romesh Kumar, in person
      For respondent No.2     :      Sh.Arun Kumar Batra, Advocate

JUSTICE GURDEV SINGH, PRESIDENT :

      Heard.

2. This application by Mehar Singh, who filed the complaint before the District Forum on behalf of minor complainant, is for the transfer of the complaint from the District Consumer Forum, Mohali to some other District Forum on the ground that he was pressurised by the President of the Forum in the open court to sign the statement which was dictated by her and on his objection she refused to listen to him and according to him the same amounts to be the abuse of the position of the President. It is also his version that he was not allowed to give his own part of the story and Transfer Application No. 07 of 2013 2 was forced to sign the statement which was dictated by the President herself.

3. In view of the averments so made by the applicant, we are of the considered opinion that this complaint must be transferred to some other District Consumer Forum as the complainant has lost faith in the President, who exceeded the jurisdiction in recording the statement of the complainant, after the evidence had already been produced, in the absence of any provision in the Consumer Protection Act, 1986.

4. Accordingly, the complaint titled as Mehar Singh V/s Dr.Romesh K.Salhan is withdrawn from the District Consumer Forum, Mohali and is transferred to District Consumer Forum, Ropar for deciding the same in accordance with law.

5. The parties are directed to appear in the District Forum, Ropar, on 13.01.2014.

6. The District Forum, Mohali is directed to send the records of the case to the said District Forum.



                                         (JUSTICE GURDEV SINGH)
                                                PRESIDENT



                                          (BALDEV SINGH SEKHON)
                                                  MEMBER


December 10, 2013                           (SURINDER PAL KAUR)
Vinay                                              MEMBER