Per Justice Mr.S.B. Mhase, Hon’ble President
This is a complaint filed by Telebrands (India) Manufacturing and Assembling Industries Pvt. Ltd. The opponents in this complaint are the Postal Authorities. As against these opponents, the complainants have claimed amount of `19,82,671/- for the loss caused to the complainants. It is further prayed that interest @ 21% p.a. on the said amount be paid. This amount was claimed by way of deficiency in service because certain articles which were to be supplied to the customer of the complainants were supplied through the opponents by VPP System were lost. Similar complaint was filed by the complainants before the District Consumer Disputes Redressal Forum, Central Mumbai being consumer complaint No.493/2003. Said complaint was dismissed by the District Consumer Forum, Central Mumbai. Thereafter, being aggrieved and dissatisfied with the said decision, present complainants had filed First Appeal No.558/2009 and the said appeal was decided on 23/03/2010. This appeal was dismissed on the several grounds, but one of the grounds was that the transaction is a commercial transaction and it is not for the livelihood and self-employment of the complainants. In the said proceedings, opponents were Postal Authorities and the subject matter was also of VPP Parcel. Since said decision has gone against the complainants in the earlier similar complaint, now complainants have filed an application that complainants may be allowed to withdraw this complaint keeping the rights reserved to file the matter in the appropriate court of law. In this application, the complainants have also made a reference to the decision of the State Commission given in First Appeal No.558/2009 arising from the consumer complaint No.493/2003 dated 23/03/2010 and thus, prayed for withdrawal with reservation of rights.
We have heard both the parties.
So far as withdrawal of the complaint is concerned, the complainants are entitled to withdraw their complaint. However, they are praying for the liberty to prosecute the complaint in the alternative Forum and are seeking liberty to that effect. They want to reserve said rights. However, Section 13(4) of the Consumer Protection Act, 1986 has not made any reference to Order XXIII of Code of Civil Procedure which permits the Court to withdraw the suit with a liberty to file a fresh one. The Consumer Protection Regulations framed by the National Commission in the year 2005 also provides that the application of Code of Civil Procedure shall be avoided and such course should be applied which have been referred to in the Act or in the Rules and Regulations made thereunder. So, keeping in the mind the directions of the law, we do not find that powers under Order XXIII of Code of Civil Procedure can be exercised. Therefore, in view of application to withdraw, we allow simplicitor withdrawal of the complaint.
-: ORDER :-
1. Complaint is disposed of as withdrawn.
2. No order as to costs.
3. Copies of the order be furnished to the parties.
Pronounced
Dated 15th December 2010
