Today is fixed for argument.
Ld. Advocate for the Complainant files his hajira.
Ld. Advocate for O.P. files a petition for adjournment on the ground of misplacement of some documents.
At this stage, Complainant files a petition for withdrawal of this complaint with liberty to avail remedy by approaching to appropriate Forum / Civil Court.
Copy served. No objection is made by other side.
Accordingly, petition filed by the Complainant for withdrawal of this case is taken up for hearing.
Heard both sides. Perused the petition and materials on record.
It appears that this Complainant has filed this petition for withdrawal of this complaint case stating inter alia that the instant dispute as alleged in the petition of complaint cannot be adjudicated by this Forum owing to lack of jurisdiction.
This petition has been verified by Sri Binod Kr. Poddar Representative , one of the Director of Complainant Company Pvt. Ltd.
It appears that this Consumer Complaint has been filed by M/S Expandable Enterprises (P) Ltd., Plasto Steel Park, Plot No. E, Phase – 1, Vill. & P.O. Ghutgoria, P.S. Barjora, Dist. Bankura, Complainant Company is being Represented by Mr. Binod Kr. Poddar, S/o Late Banwarilal Poddar, one of the Director of M/S. Expandable Enterprises (P) Ltd. / Complainant Company.
So, we find that Complainant is a Private Ltd. Company.
So, in view of observation of Hon’ble National Commission reported in 2017 (2) CPR page 354(N.C.) and 2017 (2) CPR page 148 (N.C.) that “Company cannot maintain consumer complaint”.
In view of the above facts & circumstances we find no impediment to allow this petition for the interest of justice.
Hence, it is
Ordered
That the Complaint Case no.29 of 2008 be and same is hereby DISMISSED AS WITHDRAWN ; BUT WITHOUT COST.
Complainant is hereby given liberty to take recourse for appropriate legal remedy for redressal his grievances by approaching to appropriate Forum / Court having jurisdiction according to law.
Let a plain copy of this Order be given to the parties free of cost.
