This complaint is filed by the Complainant u/S 12 of the CP Act, alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not bother to provide appropriate service to the complainant till filing of this complaint.
This complaint was filed on 02.07.2020. Today is fixed for admission hearing of this complaint. At the time of hearing on the point of admissibility of this complaint it is argued by the complainant that the OPs have demanded excess money from her in respect of the purchased vehicle than the showroom price and/or road worthy price. It is further alleged by the complainant that the OPs have claimed excess money towards registration cost of the vehicle, but according to the complainant the registration cost is included within the consideration amount of the vehicle. Therefore, according to the complainant the OPs cannot claim any amount from her towards the registration cost. Alleging the aforementioned fact the complainant has initiated this complaint making further allegation of cheating and fraud on behalf of the OPs.
Upon careful perusal of the petition of complaint it is seen by us that the aforementioned fact has not been mentioned in the petition of complaint by the complainant. During hearing the complainant tried to rely on some documents, but corroborating the said documents no fact has been mentioned in the petition of complaint. For this reason the complainant has sought for an opportunity to withdraw this complaint due to some mistakes subject to liberty for filing afresh.
Considering the prayer of the complainant we are of the view that as the entire fact has not been assigned by the complainant in the petition and where the complainant is praying for liberty to file afresh in a correct manner, we have no bar to allow the prayer of the complainant. So that the instant Consumer Complaint be dismissed subject to giving her liberty to file afresh.
Hence, it is ordered that the Consumer Complaint being No.170/2020 is hereby dismissed as withdrawn without being admitted. There is no order as to cost. The complainant will get liberty to file afresh mentioning the entire facts, if not barred otherwise before the appropriate Commission/Court under the CP Act, 2019.
As the complaint is not admitted, the complainant is at liberty to get return of the copy of the complaint and related documents as filed by her at the time of filing this complaint by making prayer in a separate petition before the appropriate authority of this Ld. Commission. Upon receipt of the said petition the appropriate authority of this Ld. Commission is hereby directed to return the above mentioned without any further delay.
Let plain copy of this order be given to the complainant, in view of CPR, 2005.
Dictated & Corrected by
Smt. Shilpi Majumdar
Member
