SHILABEN ASHWIN KUMAR RANA Vs. BHAVIN K. SHAH

JUDGEMENT

(1.) The present Revision Petition has been filed under Section 21 (b) of the Consumer Protection Act, 1986 against the impugned order dated 21.02.2011 passed by the State Consumer Disputes Redressal Commission (in short, 'State Commission') in First Appeal No. 242/2011 and Appeal No. 923/2011, wherein the State Commission dismissed both the appeals and upheld the order of the District Consumer Disputes Redressal Forum, (in short, 'District Forum'). The District Forum partly allowed the complaint no. CC/130/2009 on 31.01.2011.

(2.) Both the Foras below held both the OPs, Dr. Bhavin K. Shah and Dr. Rajesh Agrawal liable. The District Forum, Nadiad partly allowed the complaint no. CC/130/2009 and directed the OPs to pay Rs.5,00,000/- to the Complainant, with the interest of 9% p.a., from the date of complaint, till realization and Rs.25,000/- towards mental agony and the expenses.

(3.) Subsequently, both the OPs, i.e. OP-1 Dr. Bhavik K. Shah filed FA 923/2011 and OP-2 Dr. Rajesh Agrawal filed FA 242/2011 before the State Commission, Ahmedabad. Both the appeals were dismissed, and State Commission has passed the modified order holding that, "The OPs shall pay Rs.5,00,000/- and Rs.10,000/- as costs to be paid to complainant, jointly and severally.