DR. SUSANTA ROY Vs. PRANAB KUMAR & ANR.

JUDGEMENT

(1.) The instant revision petition has been filed by the petitioner/OP-2-Dr. Susanta Roy, against the order dated 18.05.2018 passed in F.A. No. A/53/2017 by the West Bengal State Consumer Disputes Redressal Commission (in short, 'State Commission') whereby the order of District Consumer Disputes Redressal Forum (in short, 'District Forum') at Barasat in complaint case No. 238 of 2016 was set aside.

(2.) The brief facts of the case are that initially the complainant filed a complaint No. 354 of 2014 before the District Forum, Kolkata, Unit-II. The OP challenged the maintainability of the complaint before the said forum as the cause of action arose outside the jurisdiction of District Forum, Kolkata, Unit-II. The District Forum returned the complaint with the direction that the complainant shall file the complaint before the appropriate forum i.e. 24-Parganas (North) at Barasat having the due territorial jurisdiction. Thereafter, on 19.04.2016, the complainant filed a complaint bearing No. 238 of 2016 before the District Forum, Barasat.

(3.) The OP filed his written version. The OP took objection that the complainant had filed a complaint with insertion of some additional facts and that the prayer clause had been amended.