Assam

StateCommission

RA/1/2021

Shri Jiban Chandra Deka - Complainant(s)

Versus

Dr Ramesh K Urology and others - Opp.Party(s)

Mr.A.K. singha

23 Sep 2022

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
Review Application No. RA/1/2021
( Date of Filing : 02 Feb 2021 )
In
Complaint Case No. CC/25/2017
 
1. Shri Jiban Chandra Deka
S/o Late B Deka R/o Flate No F 206 Protech Regency Apartment Hengrabari Road Guwahati-781006 District Kamrup Metro Assam
...........Appellant(s)
Versus
1. Dr Ramesh K Urology and others
Apollo Hospita 21 Greams Lane, Off Greams Road, Chennai-600006 Tamil Nadu
2. Apollo Hospitas Represent by its Managing Director
21 Greams Lane, Off Greams Road, Chennai-600006 Tamil Nadu Guwahati
Chennai
Tamilnadu
3. Apollo Hospitals Guwahati
Unit International Hospitals, Lotus Tower , Christian Basti GS Road Guwahati-781006
Kamrup Metro
Assam
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Prasanta Kumar Deka PRESIDENT
 HON'BLE MR. Sushil Kumar Sarma MEMBER
 HON'BLE MR. Sisir Kr Baruah MEMBER
 
PRESENT:Mr.A.K. singha, Advocate for the Appellant 1
 Ms K. Kalita, Advocate for the Respondent 1
 Mr P. Basu, Advocate for the Respondent 1
Dated : 23 Sep 2022
Final Order / Judgement

                         Heard Mr. A. K. Singh, learned counsel, for the revision petitioner is present. Also heard Mr. P. Basu, learned counsel, for the opposite party Nos. 1and 2 and Ms. K. Kalita, learned counsel, appearing on behalf of opposite party No. 3.

On 18-08-2022, an issue cropped up regarding interpretation of Section 107 of the Consumer Protection Act, 2019 in respect of maintainability of this revision petition in the light of Section 107(3) which protects the effect of Section 6 of the General Clauses Act, 1857 of the repealed Act. Though Mr. Singh and Mr. Basu both of them relied the decision of the Hon’ble Supreme Court in Neena Aneja and Anr. Vs Jai Prakash Associates Ltd. reported in 2021(2) CPR 398 (SC) ,however, upon consideration of the said ratio in respect of interpretation of Section 6(c) (e) conjunctly, Mr. Singh fairly submits that he wants to withdraw this revision petition with a liberty to approach the Hon’ble National Consumer Disputes Redressal Commission at New Delhi.

In view of the opportunity sought for, Mr. Basu and Ms. Kalita fairly submit that they have no objection in the event the opportunity is granted to Mr. Singh subject to withdrawal of this revision petition.

In view of the submissions made by the learned counsel, this revision petition stands 

dismissed on withdrawal with liberty to the revision petition to approach the Hon’ble National Commission.  

 

 
 
[HON'BLE MR. JUSTICE Prasanta Kumar Deka]
PRESIDENT
 
 
[HON'BLE MR. Sushil Kumar Sarma]
MEMBER
 
 
[HON'BLE MR. Sisir Kr Baruah]
MEMBER
 

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