Both parties are present.  At the outset of hearing complainant filed a petition to withdraw the case on a certain condition to file a fresh case.  Advocate for O.P filed list of documents as ordered earlier & orally objected on the petition.

               Advocate for O.P submitted that , the  complainant has filed a false & fabricated  case to harass the present Opposite parte & basing on the same issue he is intending to drag the O.P to court once again . The valuable time of the O.P will be utilized in the court matter. As such he prayed to impose cost for filing of frivolous or vexatious case u/s 26 of C.P Act by the complainant.

             Section 26 of C.P Act is:-

“Dismissal of frivolous or vexatious complaints. — Where a complaint instituted before the District Forum, the State Commission or as the case may be, the National Commission, is found to be frivolous or vexatious, it shall, for reasons to be recorded in writing, dismiss the complaint and make an order that the complainant shall pay to the opposite party such cost, not exceeding ten thousand rupees, as may be specified in the order”

                     Perused the complaint petition & documents submitted by both parties. On perusal of record it is found that, undisputedly the dispute raised by the complainant against this present O.P is a consumer dispute. The documents presented by the complainant may not be ignored with regards to deficiency of service of O.P.   In such circumstances we do not think this is a frivolous or vexatious complaint. As such the petition filed by the complainant is allowed to withdraw the case.

                   Accordingly the complainant is withdrawn & dismissed without cost and compensation on any parties.