AGRAWAL ORTHOPAEDIC HOSPITAL Vs. RAMA SHANKER UPADHYAY

JUDGEMENT

(1.) This is an appeal under Sec.15 of the Consumer Protection Act, 1986 (hereinafter called the "act") against the judgment and order dated 1.6.2000 passed by District Consumer Forum, Kushinagar in Complaint case No.467 of 1998.

(2.) Heard Mr. M. H. Khan, learned Counsel for the appellant and Mr. R. K. Gupta, learned Counsel for the respondent and have perused the records.

(3.) With a view to criticize the impugned judgment and order, Mr. Khan placed the following submissions: firstly, the cause of action had accrued at Gorakhpur and not at Kushinagar and as such the District Consumer Forum, Kushinagar had no jurisdiction to adjudicate the complaint in question; secondly, in a mechanical way without affording reasonable opportunity of hearing the impugned judgment has been passed and thirdly, the judgment in question is not sustainable on merit and it is not based on proper appraisal of materials available on record and attending circumstances which are relevant in nature have not been at all taken into consideration while passing the impugned judgment and order, Mr. Gupta on the other hand submitted that the cause of action accrued at Kushinagar and deficiencies in service were found at Kushinagar and, therefore, the District Consumer Forum, Kushinagar had jurisdiction. Over and above the learned District Forum has passed the impugned judgment and order, which in law is sustainable as the same is passed on just and proper evaluation of the materials available on record.