CC/423/2022

Rekha Sharma vs Niva Bupa Health

Present: Sh. L.S.Perswal, counsel for the complainant.

          Sh. D.K.Sharma, counsel for the Op no. 2.

          Sh. Rakesh Dabaas, counsel for OP no. 1.

          Sh. L.S.Perswal, counsel for complainant has made a statement that I do not want to pursue the present complaint and wants to withdraw the same due to some technical fault and permission may kindly be granted to file fresh complaint before this competent court/Commission.

          At this stage, learned counsel for the OP no. 1 appeared and strongly opposed for granting permission to file a fresh complaint on the same cause of action and the copy of order is already on filed i.e Ex. R-4 and the said order has been concealed by the complainant thus, complaint may kindly be dismissed.

          In view of the statement of the counsel for complainant as well as strongly opposed the statement of counsel for complainant, the complaint is hereby dismissed as withdrawn. However,  the complainant is at liberty to file fresh complaint/suit or any other proceedings before any competent Commission/Authority/Court.  The complainant can claim benefit of Section 14A of the Limitation Act to exclude the period spent in prosecuting proceedings under the Consumer Protection Act before this Commission while computing the period of limitation.  File be consigned to record room.

Member___________Member__________                   President

                                                                             DCDRC/Fbd.6.5.2024