Punjab

Bhatinda

CC/07/306

Darshana Devi - Complainant(s)

Versus

Municipal Corporation - Opp.Party(s)

Sh.Om Parkash Joshi Advocate

08 Feb 2008

ORDER


District Consumer Disputes Redressal Forum
Opp. New Bus Stand, Bathinda
consumer case(CC) No. CC/07/306

Darshana Devi
...........Appellant(s)

Vs.

Municipal Corporation
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

Statement of Sh.Om Parkash Joshi,counsel for the complainant W.O. Complainant does not want to proceed with this complaint at this stage. She may filed a fresh complaint on the same cause of action, in her individual capacity. In this case, permission of this Forum has not been obtained, for seeking the relief, for the residents of the locality. Accordingly, complainant may be allowed to withdraw this complaint with permission to file a fresh one on the same cause of action. RO&AC Member President, D.C.F. 8.2.08 Present Sh.Om Parkash Joshi,counsel for the complainant. Sh.Anil Gupta,counsel for the opposite parties. Mr.Joshi,learned counsel for the complainant has made the overleaf statement withdrawing the complaint with permission to file a fresh one on the same cause of action on the ground that complainant could not obtain the permission of this Forum for filing this complaint in representative capacity. He has further stated that he may file a fresh complaint in her individual capacity. Heard. We find that there is formal defect in the complaint which cannot be cured by way of amendment of the complaint. Facts and circumstances warrant that permilssion to the complainant for filing a fresh complaint on the same cause of action be granted in the interest of justice. Accordingly, complaint is dismissed as withdrawn with permission to the complainant to file a fresh complaint on the same cause of action. Parties are left to bear their own costs. File be consinged. Member President, D.C.F.