It has been submitted by the Ld. Counsel for the complainant that the complainant has been allotted “Lotus Apartment”, but actual possession was given in “Marigold” Apartment.  But the complainant faces lot of difficulty due to selling of Marigold Apartment in question to Priti Misra.  So, Prity Misra is a necessary party and the difference amount between the two flats are subject-matter of the contention against the Promoter. So, the complainant intends to withdraw the case to sue afresh on the self-same cause of action.  Also the complainant is given opportunity to add the occupier Marigold Apartment which was sold out by the Promoter to the complainant. Also the Promoter did not file any Rectification Deed. Consequently, she suffers a lot in connection with her house-building loan taken from IDBI Bank, Siliguri. In terms of Order No.23(1) of the Civil Procedure Code the complainant in order to  rectify the mistake crept in  the plaint and to incorporate the fact relating to the subject-matter of this suit, intends to withdraw the suit.  Also he has prayed for liberty to file the Consumer case afresh on the self-same cause of action.

            Heard the ld. Counsel for the complainant.

            Perused the plaint.

            In the interest of justice and fair-play the plaintiff is hereby given opportunity to sue afresh against the O.P and the party in possession of Marigold Apartment, in addition to the promoter.

            The prayer is thus allowed.

            The plaint be treated as withdrawn.