NCDRC

NCDRC

RP/2934/2017

DR. K.S. BEHGAL RADIOLOGY ONCOLOGIST - Complainant(s)

Versus

VARIAN MEDICAL SYSTEM INTERNATIONAL INDIA PVT. LTD. & ANR. - Opp.Party(s)

MR. HIMANSHU SHARMA

10 Aug 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2934 OF 2017
 
(Against the Order dated 21/12/2016 in Appeal No. 961/2015 of the State Commission Punjab)
1. DR. K.S. BEHGAL RADIOLOGY ONCOLOGIST
SOLE PROPEIETOR BEHGAL INSTITUTE OF IT AND REDIATION TECHNOLOGY, F-431, PHASE - VIIIB, INDUSTRIA AREA
SAS NAGAR
...........Petitioner(s)
Versus 
1. VARIAN MEDICAL SYSTEM INTERNATIONAL INDIA PVT. LTD. & ANR.
UNIT NO. 33, KAPPATARU SQUATRE, ANDHERI KURLA RAOD NADHERI THROGH ITS MANAGING DIRECTOR
MUMBAI
2. VASRIAN MEDICAL SYSTEMS ISTERNATION INDIA PVT. LTD.,
1ST FLOOR, SAKET THROUGH ITS REGIONAL HEAD MR. NAKUL VERMA
NEW DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Petitioner :
Mr. Himanshu Sharma, Advocate
Ms. Aditi Sharma, Advocate
For the Respondent :
Mr. Aseem Chaturvedi, Advocate

Dated : 10 Aug 2018
ORDER

We have heard Learned Counsel for the parties and perused the impugned order, passed by the State Commission, as also Complaint Case No. 18 of 2015, which was filed by the Petitioner before the District Forum.   

By the impugned order, the State Commission has affirmed the order passed by the District Forum and consequently dismissed the Appeal, preferred by the Complainant, the Petitioner herein.  In the first place, the District Forum had dismissed the Complaint as not maintainable and returned the same, along with the original documents, to the Complainant.  The District Forum was of the view that the Complainant had remedy before the State Commission.

From a perusal of the reliefs claimed in the Complaint, we find that the amount exceeds ₹20.00 Lakhs and, therefore, the Complaint was to be filed before the State Commission instead of the District Forum.

Faced with the situation, Learned Counsel for the Petitioner sought permission to withdraw the Petition with liberty to file the Complaint afresh before the State Commission in accordance with law.

Liberty granted.   

The Revision Petition is dismissed as withdrawn.  

 
......................J
R.K. AGRAWAL
PRESIDENT
......................
M. SHREESHA
MEMBER

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