Sri N. Chalapathi Rao, advocate for complainant

Sri S.A. Khadar, advocate for 2^nd opposite party

1^st opposite party - exparte

O R D E R

Per Sri A. Hazarath Rao,  President:-

        The complainant on 28-05-11 filed a memo to the following effect:

        “it is respectfully submitted that the complainant is withdrawing the complaint as not pressed with a liberty to file the Civil suit.”

        Section-3 of the Consumer Protection Act says that its provisions shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

        Section 13 (4) of Consumer Protection Act reads as follows:

        “For the purposes of this section, the District Forum shall have the same powers as are vested in a Civil court under Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:-

1. the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath,
2. the discovery and production of any document or other material object producible as evidence,
3. the reception of evidence on affidavits,
4. the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source,
5. issuing of any commission for the examination of any witness, and
6. any other matter which may be prescribed.

        The provisions of order 23 CPC relating to withdrawal of suits is not applicable to the Consumer Forum.   Under those circumstances this Forum cannot grant permission to the complainant with a liberty to file civil suit.  It is always open to the complainant to bring civil suit subject to limitation in civil court.

        In view of the said memo the complaint is dismissed as withdrawn. No costs.

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MEMBER                                             MEMBER                                        PRESIDENT