SRL LIMITED Vs. ASHISH KHANDELWAL

JUDGEMENT

(1.) This revision petition has been filed under sec. 21(b) of The Consumer Protection Act, 1986 in challenge to the Order dtd. 2/1/2019 of the State Commission in appeal no. 871 of 2018 arising out of the Order dtd. 26/9/2018 of the District Commission in complaint no. 761 of 2012 (old no. 1168 of 2010).

(2.) We have heard the learned counsel for the petitioners (the 'diagnostic centre') and for the respondent (the 'complainant') and have perused the record including inter alia the Order dtd. 26/9/2018 of the District Commission, the impugned Order dtd. 2/1/2019 of the State Commission and the petition.

(3.) Brief facts, as evincing from the material on record, are that on 23/2/2010 the complainant got his semen tested from the revisionist diagnostic centre, which reported: 'VOLUME: 0.1 ml; SPERM COUNT: NO MOTILE OR DEAD SPERMATOZOA SEEN'. The complainant then got his semen tested on 3/3/2010 from another laboratory i.e. Jaipur X-Ray and Sonography Research Centre, which reported that 'Volume: 03 ml; Total sperm count: 68 million/ml'. Thereafter the complainant again got his semen tested from the diagnostic centre on 5/3/2010, which, this time, reported 'VOLUME: 1.0 SPERM COUNT: 90 mill/mL'. The reference range for sperm count was '20/0/150.0 mill/ml'.