Date of Filing : 05-12-2016                          Date of Order : 18-01-2018

Sri Asish Kumar Senapati, President

Order No.19, dated 18/01/2018

The Ld. Agents of both sides are present.

Today is fixed for hearing of the petition filed by the Complainant on 19/12/2017 praying for withdrawal of the case with liberty to file afresh in accordance with the provision of law.

The petition is taken up for hearing.

The Ld. Agent for the Complainant submits that the Complainant intends to withdraw the case with a liberty to file afresh on the grounds that the nature of transaction between the parties has not been clearly brought out and there is inadequacy in the description of the O.Ps and there is doubt as to jurisdiction of this Forum.

She submits that the O.Ps will not be prejudiced if the prayer of the Complainant is allowed. She draws our attention to the orders passed by the Hon’ble National Commission in Consumer Case No. 1480 of 2015 and 1300 of 2015 dated 04/01/2016 & 11/02/2016.

In reply, the Ld. Agent for the O.P. No.1 submits that the prayer of the Complainant cannot be allowed as the Complainant intends to fill up lacuna already pointed out by the O.Ps. He submits that the Complainant may withdraw his case but liberty to file afresh should not be granted.

Perused the petition dated 19/12/2017 and considered the submission of both sides.

We have also gone through the decisions of the Hon’ble National Commission as referred by the Ld. Agent for the Complainant.

It is a fact that the case was filed on 05/12/2016 and the Complainant has filed the petition praying for withdrawal of the case with liberty to file afresh on 19/12/2017.

With due regard to the decisions referred by the Ld. Agent for the Complainant, we are of the considered opinion that the prayer of the Complainant may be allowed subject to payment of compensatory cost to the contesting O.Ps i.e. the O.P. Nos.1 & 2.

We think that the prayer of the Complainant should be allowed subject to payment of cost of Rs.1,000/- payable by the Complainant to the O.Ps.

Hence,

            It is Ordered,

                        That the Complainant is permitted to withdraw the complaint with liberty to file fresh complaint on the same cause of action subject to payment of cost of Rs.500/- each to the O.P. Nos.1 & 2.

The consumer complaint is thus dismissed as withdrawn.

Let copy of this order be sent/supplied to the parties free of cost for information. The copy of this order also be available in the following website :

confonet.nic.in

Dictated & Corrected by me.