This Complaint is filed by the Complainant u/S 35 of the Consumer Protection Act, 2019 alleging deficiency in service as well as unfair trade practice against the Ops, as the Ops did not take any step to execute and register the Deed of Conveyance in respect of the B Schedule shop room.

            On 12.11.2020 this record was fixed for admission hearing. On the said date an application was filed by the Complainant praying for withdrawal of this Complaint with a liberty to file afresh.

            On 12.11.2020 specific order could not be passed due to ‘no quorum’. For this reason today i.e. 23.11.2020 we are inclined to pass an order on the application praying for withdrawal of this Compliant filed by the Complainant.

            In the application it is stated by the Complainant that on scrutiny it is revealed that at the time of drafting this Complaint, necessary parties were not incorporated and for this reason proper adjudication of this Complaint is not possible. For this reason, under compelling situation the Complainant having no other alternative has prayed for withdrawal of this Complaint with a liberty to file afresh against the Ops. According to the Complainant if this application is not allowed Complainant will suffer irreparable loss and injury and prayer is made for allowing this application.

            We have carefully considered the contend of the application filed by the Complainant. In our view that this Complaint was filed by the Complainant and he is also intending to withdraw the same. Complainant only prayed for liberty to file afresh. As according to the Complainant this Complaint is suffering from some defects,  for which the Complaint cannot be properly adjudicated upon, hence in our view the prayer as made by the Complainant in the application should be allowed.

            Hence it is ordered that the Consumer Complaint being no. CC 282/2020 is hereby dismissed as withdrawn without being admitted. There is no order as to cost. However, the Complainant is at liberty to file the Complaint afresh before the Appropriate Commission/Court, if not barred otherwise.

            As the Complaint is not admitted, hence the Complainant is at liberty to get return the copy of the Complaint and copy of the documents as filed after filing an application before the Competent Authority of this Ld. Commission.

            The Competent Authority is hereby directed to take immediate step on receipt of the application from the Complainant so that the Complainant can get return of the abovementioned in accordance with Law without any further delay.

            Let plain copy be given to the Complainant free of cost as per the CP Act.

Dictated and Corrected by Hon’ble Member

(Mrs. Silpi Majumder)