During admission hearing of this complaint the Ld. Counsel for the Complainant is present.  On 03.09.2020 this complaint was also fixed for admission hearing. On the said date an adjournment was sought for on behalf of the Complainant. It was seen by us that this complaint was filed on 14.08.2020, but due on the ground of Lockdown declared by the Government of West Bengal due to severe outbreak of Covid-19, this complaint could not be taken up for admission hearing within 21 days from the date of its filing. For this reason in the interest of Natural Justice further date was given.

On 10.09.2020one petition is filed by the Complainant supported by affidavit stating that due to inadvertence there are some technical defects occurred in this complaint, which will create some problems for adjudication of this complaint. So the Complainant is inclined to withdraw this complaint for removal of such defects subject to liberty given to her for filing afresh. According to the Complainant if this petition is not allowed, scope not given to remove the defects, she will be seriously prejudiced and prayer is made for allowing this petition.

We have carefully perused the content of the petition and it is seen by us that there is a great mistake in the instant appeal i.e. though the address of the OP-3 falls within the territorial jurisdiction of this Ld. Commission, but no cause of action has arisen in respect of the said OP. not only that, the Complainant did not make any allegation against the OP-3 and no relief has been sought for from the said OP. Be it mentioned that the addresses of the Complainant, OP-1 and 2 do not fall under the territorial jurisdiction of the Ld. Commission. As the Complainant by filing a petition supported by affidavit has prayed for withdrawal of this complaint subject to give her liberty to file afresh, hence we have no objection to allow the prayer of the Complainant.

Hence it is ordered that the Consumer Complaint being no-CC/184/2020 is hereby dismissed in view of the petition filed by the Complainant without being admitted. There is no order as to cost.

However the Complainant is at liberty to file afresh after removal of all the defects, if not barred otherwise.

As the Consumer Complaint is not admitted  and accordingly dismissed, the Complainant is also at liberty to get rerun of the copy of the complaint and other related documents as filed at the time of filing this complaint from the office of this Ld. Commission, but for this purpose the Complainant shall file separate application before the competent authority of this Ld. Commission. Upon receipt of the said application from the end of the Complainant or her authorized representative, the competent authority is directed to take immediate step so that the Complainant can get return of the abovementioned papers and documents without any further delay.

Let plain copy of this order be given to the party free of cost as per the provision of CPR 2005.

Dictated & Corrected By

Mrs. Silpi Majumder

Member