The Ld. Counsel for the Complainant is present by filing Hazira. Today is fixed for admission hearing of this Complaint. During hearing on the point of its admissibility the Ld. Counsel for the complainant has submitted that the petition of Complaint suffers from some typographical mistakes, which are required to be removed, otherwise the Complaint cannot be properly adjudicated upon.
The Ld. Counsel for the Complainant has prayed for withdrawal of this Complaint for removal of the defects subject to liberty to file afresh. According to the Complainant if this prayer is not allowed the interest of the Complainant will be seriously prejudiced. The Complainant has prayed for allowing such prayer.
After hearing such submission advanced by the Ld. Advocate for the Complainant we are of the view that as the Complaint is suffering from some defects, not caused by intentional latches of the Complainant rather bonafide mistake. Hence chance be given to the Complainant for withdrawal of the instant complaint and file same after rectifying the said mistakes. Hence the prayer as made out by the Complainant is hereby allowed.
Hence it is ordered that the CC No. 200/2020 is hereby dismissed based on the prayer of the Complainant without being admitted. There is no order as to cost.
However the Complainant is at liberty to file Complaint afresh after removing the defects before the Appropriate Commission/Court, if not barred otherwise.
As the Complaint is not allowed the Complainant is at liberty to withdraw the copy of the Complaint and other related documents as filed at the time of filing of this Complaint from the Competent Authority of this Ld. Commission by filing a separate petition.
The Competent Authority of this Ld. Commission is hereby directed to take immediate step, so that the Complainant can get refund of the abovementioned documents 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
