NCDRC

NCDRC

CC/97/2012

MRS. JYOTIKA RASHMIKANT SHAH - Complainant(s)

Versus

TATA MEMORIAL HOSPITAL - Opp.Party(s)

MR. HIMANSHU C. DESAI, Advocate

07 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 97 OF 2012
 
1. MRS. JYOTIKA RASHMIKANT SHAH
A 404, Mangalkiran Apartment, Behind Welcome Hotel,
Race Course Circle,
Vadodara - 390 007.
2. MR. RASHMIKANT T. SHAH
A 404, Mangalkiran Apartment, Behind Welcome Hotel.,
Race Course Circle,
Vadodara- 390 007.
...........Complainant(s)
Versus 
1. TATA MEMORIAL HOSPITAL
Dr. Ernest Borges Marg, Parel,
Mumbai - 400 012.
...........Opp.Party(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Complainant :
Mr. Himanshu Desai, Advocate
For the Opp.Party :NEMO

Dated : 07 May 2012
ORDER

Learned counsel for the complainants under instructions of complainant No.2-Mr. Rashmikant Shah, who is also present in the Commission seeks to withdraw the present complaint with liberty to file the complaint based on the same cause of action before the appropriate Consumer Fora.  He prays for 30 (thirty) days’ time to take necessary action in that behalf.

             In view of the above, the complaint is dismissed as withdrawn from this Commission with the liberty as aforesaid to the complainant.  It is observed that in case the complaint is filed within a period of 30 (thirty) days from the date of this order, the period from the date of filing of the present complaint i.e. 11.04.2012 to today and up-till the filing of fresh complaint not exceeding 30 days shall be excluded while computing the period of limitation for filing of the complaint. 

             We make it clear that we have not expressed any opinion either on the merits of the complaint or on the question of limitation and it will be open for the concerned Fora to take a view as is permissible in accordance with Law.

 

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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