Today is fixed for admission hearing of this complaint. The Ld. Counsel for the Complainant is present, who filed an application supported on affidavit praying for withdrawal of this complaint with a liberty to file afresh.

It is stated in the said application that before filing of this complaint the Complainant had approached before the Ld. Ombudsman. But before disposal of the said complaint this complaint has been initiated by the Complainant. As per settled law it is not permissible. After realizing the same today the Complainant by filing this application is praying for withdrawal of the complaint subject to liberty to file afresh. According to the Complainant if this application is not allowed the Complainant will suffer irreparable loss and injury and prayer is made by the Complainant for allowing the application.

Upon careful perusal of the content of the application in our opinion that as the Complainant is willing to withdraw the instant complaint, we have no objection in respect of such prayer. But it is pertinent to mention at the time of fresh filing of the complaint, if any, the Complainant shall annex the order of the Ld. Ombudsman mentioning therein that the complaint before the Ld. Ombudsman has been disposed.

Hence it is ordered that the Consumer Complaint being no-CC/159/2022 is hereby dismissed as withdrawn without being admitted. There is no order as to cost.

As the complaint is not admitted the Complainant is at liberty to get return the copy of the complaint and copies of the related documents from the office of the Ld. Commission, but for this purpose the Complainant shall submit a separate application before the appropriate authority of this Ld. Commission. The appropriate authority is hereby directed to do the needful upon receipt of such application so that the Complainant can get return of the same without any further delay.

Let a plain copy of this order be supplied to the parties free of cost as per the CPR.

Dictated and corrected by

 [HON'BLE MRS. Silpi Majumder]
MEMBER