Today is fixed for the delivery of judgement.

On 25.02.2022 exparte argument was heard advanced by the Ld. Counsel for the complainant. AT the time of hearing argument it was detected that the petition of complaint suffers from several defects, which are required to be rectified. Accordingly scope was given to the complainant for taking necessary steps.

On 28.02.2022 the complainant has filed an application which is registered as MA/33/2022, wherein complainant has sought for withdrawal of this complaint subject to seeking liberty to file afresh after removing the defects in the petition of complaint.

On perusal of the content of the MA/33/2022 we are of the view that as the complainant is inclined to withdraw the present complaint for removal of the defects, we cannot debar the complainant to do the same for proper adjudication of this complaint.

It is also seen by us that until and unless the said defects are removed the complaint cannot be properly adjudicated upon. Accordingly the prayer as made out by the complainant in MA/33/2022 is hereby allowed. There is no order as to cost.

Consequently the Consume Complaint being No. 177/2021 is hereby dismissed without any cost.

However, the complainant is at liberty to file afresh after removal of the defects before the competent Court/Commission, if not barred otherwise.

As the complaint has not been adjudicated on merit, hence the complainant is entitled to get return the copy of the complaint and copy of the related documents from the office of this Ld. Commission. For this purpose the complainant is directed to submit an application to that effect before the appropriate authority of this Ld. Commission. The appropriate authority of this Ld. Commission is hereby directed to take necessary steps so that the complainant will get return aforementioned documents and copy of the complaint without any further delay.

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

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER