Delay of 4 days in filing the appeal is condoned. Appellant applied for sanction of term loan for setting up a project. He paid Rs.10,74,450/- as upfront fee for processing the loan. Loan was sanctioned and the appellant was asked to get the sanction for the project revalidated. Appellant completed the project without taking any loan from the respondent. He asked for refund of upfront fee of Rs.10,74,450/- with interest w.e.f. April 2006 till realization. State Commission dismissed the complaint on merits as well as the point of maintainability. It was held that since the appellant had availed the services of the respondent for ‘commercial purposes’ the appellant did not fall within the definition of ‘Consumer’ given in Section 2 (1) (d) of Consumer Protection Act, 1986. Appellant being aggrieved has filed the present appeal. Counsel for the appellant after taking instructions from the appellant seeks to withdraw the appeal as well as the complaint with liberty to seek redressal of its grievance in the civil court. Appeal as well as the complaint are dismissed as withdrawn. -3- Liberty is reserved with the appellant to seek redressal of its grievance in any other court of competent jurisdiction along with an application under Section 14 read with Section 5 of the Indian Limitation Act seeking exclude of the time spent in the consumer fora while calculating the limitation in the light of the observations of the Supreme Court in Laxmi Engineering Works vs.PSG Industrial Institute – (1995) 3 SCC 583.” | 
