Though, disputed questions of law and facts were involved, appellant filed the complaint under Consumer Protection Act, 1986 before the State Commission Punjab which was later on transferred to State Commission Chandigarh.  State Commission by the impugned order has dismissed the complaint.

          Counsel for the appellant after taking instructions from the appellant who is present in the court seeks to withdraw the appeal as well as the complaint with liberty to approach the civil court for redressal of his grievance.  According to him, disputed questions of law and fact involved in the present case cannot be effectively decided in a summary manner under Consumer Protection Act, 1986.  Counsel for the respondent has no objection to the dismissal of the complaint and the appeal in terms of the request made by the counsel for the appellant.

          The appeal as well as the complaint are dismissed as withdrawn. 

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Liberty is reserved with the appellant to seek redressal of his grievance by filing a civil suit along with an application under Section 14 read with Section 5 of the Indian Limitation Act seeking exclude of the time spent in the consumer fora while calculating the limitation in the light of the observations of the Supreme Court in Laxmi Engineering Works vs.PSG Industrial Institute – (1995) 3 SCC 583.

          Findings recorded by the State Commission are set aside and the civil court would be at liberty to decide the dispute between the parties without being influenced by any of the observations made in the impugned order.