The complainant has filed this case against opposite parties National Insurance Company Ltd. for directing them to pay the claim amount along with 18% interest beside compensation etc.

It appears that the complainant’s vehicle Mahindra Bolero bearing no. BHR – 1B – 5983 was stolen on 19.03.2006 for which FIR bearing Phulwarisharif P.S. Case no. 182/06 dated 20.03.2006 U/s 379 was registered. The aforesaid vehciel was insured with opposite parties.

Earlier the complainant had moved the Hon’ble High Court, Patna in CWJC no. 20270 of 2010 (Uday Narayan Chaudhary Vrs. National Insurance Company Ltd. and others) and aforesaid writ was disposed of vide order dated 21.11.2014 with the direction to file the case in terms of CWJC no. 13897 of 2013 (M/s Saurav Rice Mills Vrs. State of Bihar and Others).

At the time of hearing of this case it transpires that earlier complainant had filed complaint case being Complaint case no. 90/08 (Uday Narayan Chaudhary Vrs. National Insurance Company Ltd.) before District Consumer Forum, Bhojpur, Ara in the same matter which was dismissed on merit on 07.02.2013 on the ground that neither complainant nor opposite parties have adduced any evidence U/s 13(2)(c) of Consumer protection Act, 1986.

Counsel for both the parties have admitted that this forum has no jurisdiction to entertain this complaint petition because the District Consumer Forum, Bhojpur has dismissed the earlier complaint of the complainant on merit.

However, it appears that complainant is illiterate and he has been mislead by someone as a result of which this case has been filed.

The learned counsel for the complainant Sri Amit has stated that the present complaint has been filed on 30.06.2015 because the order dated 07.02.2013 passed in case no. 90/08 by District Consumer Forum, Bhojpur was not communicated to the complainant before filing of this complaint case in Patna District Consumer Forum.

The learned counsel for the complainant wants to withdraw this case so that he may approach the Hon’ble State Commission for redressal of his grievance.

The learned counsel for the opposite parties Sri R.C. Narayan has no objection if this case is withdrawn by the complainant.

For the reason stated above this case is dismissed as withdrawn with liberty to the complainant to approach the Hon’ble State Commission in accordance with law for redressal of his grievance.

                                  Member                                         Member(F)                                                               President