Uttarakhand

StateCommission

A/114/2020

Smt. Aaysha - Complainant(s)

Versus

Novas Pathology Lab - Opp.Party(s)

Sh. Chandra Shekhar

28 Jan 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,UTTARAKHAND
23/16, Circular Road, Dalanwala, Dehradun, Uttarakhand 248001
Dehradun-248001
Final Order
 
First Appeal No. A/114/2020
( Date of Filing : 04 Sep 2020 )
(Arisen out of Order Dated 05/08/2020 in Case No. Miscellaneous Application No. MA/2/2020 of District Haridwar)
 
1. Smt. Aaysha
W/o Sh. Wasim Ahmad, R/o Shah Gali, Mohalla Maidaniyan, Jwalapur
Haridwar
Uttarakhand
...........Appellant(s)
Versus
1. Novas Pathology Lab
Ranipur More, Opposite ICICI Bank, Haridwar through Medical Officer/Manager
Haridwar
Uttarakhand
2. Dr. P.K. Bhatnagar (MBBS)
DCP Consultant, Novas Pathology Lab, Ranipur More, Opposite ICICI Bank
Haridwar
Uttarakhand
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE D.S. Tripathi PRESIDENT
 HON'BLE MR. Udai Singh Tolia MEMBER
 
PRESENT:
 
Dated : 28 Jan 2022
Final Order / Judgement

Case is called out.

None is present on behalf of the appellant.

We have perused the record.

Perusal of record reveals that following order was passed by this Commission on 02.12.2020:

“Heard Sh. Chandra Shekhar, learned counsel for the appellant through video conferencing on admission of appeal.

This appeal has been preferred against the order dated 05.08.2020 passed by the District Commission, Haridwar in Misc. Case No. 02 of 2020; Novas Pathology Lab Vs. Smt. Aaysha, by which the ex-parte judgment and order dated 01.07.2019 passed by the District Commission in consumer complaint No. 157 of 2015; Smt. Aaysha Vs. Novas Pathology Lab and another, has been recalled.

According to office report dated 04.09.2020, revision petition will lie against the impugned order passed by the District commission.  Learned counsel for the appellant has to address the Commission whether the appeal will lie or revision petition will lie against the impugned order.  Further, certified copy of judgment and order dated 27.10.2020 passed by the District Commission in consumer complaint No. 157 of 2015; Smt. Aaysha Vs. Novas Pathology Lab and another has been filed by the appellant, by which, the consumer complaint has been dismissed.

Learned counsel for the appellant prays for and is granted three weeks’ time to argue this appeal on admission.

Put up on 13.01.2021 for hearing on admission.”

Accordingly, it is clear that this appeal has been preferred against the order dated 05.08.2020 passed by the District Commission, Haridwar in Misc. Case No. 02 of 2020; Novas Pathology Lab Vs. Smt. Aaysha and ex-parte judgment and order dated 01.07.2019 passed by the District Commission in consumer complaint No. 157 of 2015; Smt. Aaysha Vs. Novas Pathology Lab and another, has been recalled.  Further, the consumer complaint        No. 157 of 2015; Smt. Aaysha Vs. Novas Pathology Lab and another, has been finally decided and dismissed vide judgment and order dated 27.10.2020 passed by the District Commission.  Accordingly, there is no purpose of this appeal, when the consumer complaint has been finally decided by the District Commission.

It appears that the appellant is not interested in pursuing this appeal further.  Hence, the appeal is dismissed in default of the appellant.

Let the record be consigned.

 
 
[HON'BLE MR. JUSTICE D.S. Tripathi]
PRESIDENT
 
 
[HON'BLE MR. Udai Singh Tolia]
MEMBER
 

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