This Complaint is filed by the Complainant under Section 35 of the CP Act, 2019 alleging deficiency in service as well as unfair trade practice against the Op.

          At the time of admission hearing it is seen by us that this Complaint is filed by the Complainant against a Juristic Person. No Designation/Chair/Post of the said Juristic Person is mentioned in the Cause Title of the Complaint. As per Settled Law the Complaint cannot lie or maintainable against a Juristic Person, rather the Designation/Chair of the said Juristic Person should be mentioned in the Cause Title of the Complaint, otherwise the Complaint cannot be properly adjudicated upon. On the ground after disposal of the Complaint the order cannot be executable. Under this circumstance the Complainant files an application praying for withdrawal of the Complaint subject to liberty to file afresh in a proper manner.

         We have carefully considered the application filed today by the Complainant and in our opinion that there is no bar to allow the application praying for withdrawal of the Complaint subject to liberty.

          Hence it is ordered that the Consumer Complaint being no. CC/241/2020 is hereby dismissed as withdrawn in view of the application filed by the Complainant without being admitted. There is no order as to costs.

          It is pertinent to mentioned that as the Complaint is not admitted the Complainant is at liberty to get return the copy of the Complaint and copy of the other related documents as filed during its filing from the competent authority of this Ld. Commission. But in this context the Complainant shall file a separate application. Upon receipt of the application from the Complainant the Competent authority of this Ld. Commission is directed to take immediate steps so that the Complainant can get return the copy of the Complaint and copy of the documents without any further delay.

                 Let a plain copy of this judgment be given to the parties free of cost as per CPR 2005.

   Dictated and corrected by

Hon’ble Mrs. Silpi Majumder

                  Member