The Complainant is present alongwith his daughter Baby Zainab.  They are coming from Rajasthan.  Advocate Supriya Patil for the Complainant and Opposite Party No.1 & 2 Advocate argued the matter on withdrawal application filed by the Complainant,  with liberty to file fresh complaint before Hon’ble State Commission.  Opponent counsel has given NOC for simple withdrawal of complaint, but strongly opposed to liberty to file fresh complaint.  As the matter is pending at this Forum from year, 2010.

        The learned counsel for Complainant cited case law of our Hon’ble State Commission in Consumer Complaint CCNo.18/609, dated 10/10/2018 in which it is held that the second complaint would be lie though the earlier complaint was dismissed in default was not restored.  Our Apex Court held that the rules of procedure and intended to serve the ends of justice and not to defeat the dispensation of justice reported in I (2009) CPJ 19(SC).  The learned counsel for Complainant also cited order in Consumer Complaint CC No.2017/1663 dated 20/08/2018 of Hon’ble State Commission.

It is held that the Complainant is granted to withdrawal the complaint. Liberty is always there is file consumer complaint, if tenable.  It is further held that the Complainant can avail that remedy.  Hence no need to give directions.

In the present case the application filed by the Complainant to withdraw complaint with liberty to file fresh complaint before Hon’ble State Commission.  As Hon’ble State Commission is Appellate Authority, we are unable to give directions to file fresh complaint, but the Complainant can file a complaint if tenable as per law. 

        Considering legal aspects and in view of the ratio in above cited case laws, permission granted to withdraw present complaint with liberty to file fresh complaint if tenable.