SRI S. COARI, MEMBER.

No. 4/30.08.2010.

Revision Petitioner through Mr. S. Roychowdhury, the Ld. Advocate and O.P. No. 1 through Mr. Gupta Roy, the Ld. Advocate along with Mr. Subhasish Saha, the Ld. Advocate are present.  O.P. No. 2 is absent on calls.  The revisional application is taken up for hearing.  Heard the Ld. Advocate for both sides.  It is submitted on behalf of the O.P. No. 1 – Complainant that in this case it appears that there exist some technical infirmity in the petition of complaint filed before the Ld. District Forum so far as it relates to prayer portion (b) of the same.  According to the Ld. Advocate the infirmity may be taken care of with if the O.P. No. 1 – Complainant is given liberty to withdraw the petition of complaint from the District Forum with the liberty to file a petition of complaint afresh.  The Ld. Advocate for the Revisionist – O.P. submits before this Commission that the O.P. has already challenged the maintainability of petition of complaint filed before the Ld. District Forum and being aggrieved with the impugned order has preferred the present revisional application.  We have duly considered the submission so put forward on behalf of both sides and having regard to the facts and  circumstances of the case and materials on record are of opinion that there appears some sort of infirmity in the petition of complaint so far as it relates to the prayer (b) of the same.  Accordingly we think it would be just and proper if the Complainant be permitted to withdraw the petition of complaint from the Ld. District Forum with the liberty to file afresh within a period of thirty days from the date of the order.  Accordingly with this direction the revisional application be disposed of but without any order as to cost.