The Ld. Counsel for the complainant is present. Today is fixed for hearing on the application filed by the complainant on 06.04.2022.

In presence of the Ld. Counsel for the complainant the said application is taken up for hearing and disposal.

By filing an application the complainant has stated that after admission hearing of this complaint before the Ld. Commission, Barasat, notices were issued on behalf of the Ld. Commission to the OPs, but in spite of receipt of the notices the OPs did not appear before the Ld. Commission to contest the complaint either orally or by filing W/V.

At this juncture, the complainant by filing this application has stated that at the time of preparation of the petition of complaint due to inadvertance some error has occurred, for which the petition of complaint has required to be rectified, otherwise the complaint cannot be properly adjudicated upon. By filing this petition, the complainant has prayed for withdrawal of this 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 this application.

We are carefully perused the application filed by the complainant supported by affidavit and heard on the said petition as advanced by the Ld. Counsel for the complainant. It is seen by us that the complainant has stated that due to some mistake as occurred in the petition of complaint, the complainant is willing to withdraw the same subject to liberty to file afresh. In our considered view that in the interest of justice the prayer as made out by the complainant is required to be allowed, otherwise the petition of complaint cannot be adjudicated in a proper manner. Hence it is ordered that the application filed by the complainant is hereby allowed exparte without any cost.

However, the complainant is at liberty to file afresh after rectification of the defects in the petition of complaint, if no barred otherwise.

As the application is hereby allowed accordingly the Consumer Complaint being no. RBT/CC/94/2020 is also dismissed as withdrawn. There is no order as to cost.

As the complaint is withdrawn by the complainant, the complainant is at liberty to file another application before the appropriate authority of this Ld. Commission praying for return of the copy of the complaint along with documents which is available in the record. Upon receipt of the said application from the complainant the Registrar-in-charge of this Ld. Commission is hereby directed to take necessary steps immediately so that the complainant can get return of the above mentioned without any further delay.

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

Dictated and Corrected by

HON'BLE MRS. Silpi Majumder]
MEMBER