By the impugned order, State Commission dismissed the complaint in default as none appeared on behalf of the Complainant on the date fixed.  After the dismissal of the complaint, appellant moved an application before the State Commission seeking to withdraw the complaint to approach the civil court for redressal of its grievances.  State Commission dismissed the application as not maintainable.

        Being aggrieved, the appellant has filed the present appeal.

        Counsel for the appellant states that the appellant seeks to withdraw the appeal as well as the complaint with liberty to approach the civil court for redressal of its grievances.

        Complaint was dismissed for non-prosecution in the absence of the counsel for the respondent.  In view of the provisions of Order IX Rule 4, fresh complaint would be maintainable. 

Appeal as well as the complaint is dismissed as withdrawn reserving liberty with the Petitioner to approach the civil court for redressal of its grievances along with an application under Section 14 of the Indian Limitation Act for condoning the delay for the time spent before the consumer fora, keeping in mind the observations made by the Supreme Court in Laxmi Engineering Works vs. PSG Industrial Institute – (1995) 3 SCC 583.