Circuit Bench Nagpur

StateCommission

CC/17/145

SMT. KAVITA MUKUNDKUMAR AGRAWAL - Complainant(s)

Versus

THE CHIEF OFFICER. - Opp.Party(s)

ADV. M.G.BURDE

23 Feb 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA NAGPUR CIRCUIT BENCH
NAGPUR
 
Complaint Case No. CC/17/145
( Date of Filing : 02 Nov 2017 )
 
1. SMT. KAVITA MUKUNDKUMAR AGRAWAL
R/O. GAJANAN BLOOD BANK, NEHRU SQUARE, YAVATMAL-445 001
YAVATMAL
MAHARASHTRA
...........Complainant(s)
Versus
1. THE CHIEF OFFICER.
NAGPUR HOUSING & AREA DEVELOPMENT BOARD, A MHADA UNIT, CIVIL LINES, NAGPUR
NAGPUR
MAHARASHTRA
2. THE ESTATE MANAGER
NAGPUR HOUSING & AREA DEVELOPMENT BOARD, A MHADA UNIT, CIVIL LINES, NAGPUR
NAGPUR
MAHARASHTRA
3. THE CHIEF EXECUTIVE OFFICER
MAHARASHTRA HOUSING & AREA DEVELOPMENT AUTHORITY, GRUH NIRMAN BHAVAN, BANDRA, EAST, MUMBAI-400 055
MUMBAI
MAHARASHTRA
4. THE SECRETARY, ENVIRONMENT DEPARTMENT
GOVERNMENT OF MAHARASHTRA, MANTRALAYA MUMBAI-400032.
NAGPUR
MAHARASHTRA
5. THE MAHARASHTRA POLLUTION CON TROL BOARD , REPRESENTED THROUGH REGIONAL DIRECTOR.
UDYOG BHAVAN , 5TH FLOOR, NEAR SALE TAX OFFICE , CIVIL LINES , NAGPUR 440001
NAGPUR
MAHARASHTRA
6. THE COMMISSIPNER, NAGPUR MUNICIPAL CORPORATION.
NAGPUR MUNICIPAL CORPORATION CIVIL LINES, NAGPUR 440001.
NAGPUR
MAHARASHTRA
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. DR. S.K. KAKADE PRESIDING MEMBER
 HON'BLE MR. A. Z. KHWAJA JUDICIAL MEMBER
 
PRESENT:
 
Dated : 23 Feb 2023
Final Order / Judgement

Final Order / Judgment

(Passed on 21/07/2022)

 

Per Shri A.Z.Khwaja, Hon’ble Judicial Member.

 

 

Matter is today listed for final hearing. At this stage learned advocate for complainant Shri Burde has filed an application for withdrawal of the complaint on the ground that the complainant wish to withdraw the complaint since complainant filed his intervention  application before the Hon’ble National Consumer Commission. Learned advocate for O.P./Nagpur Housing and Area Development Insurance is also present before us. It is submitted by the learned advocate for the complainant that the complainant is unable to appear before the State Commission for withdrawing the complaint. No reason has been assigned by the complainant for his absence at the time of withdrawal of the complaint despite the fact that the complainant is duty bound and under obligation to remain present for the purpose of the withdrawal of the complaint which is already filed before the State Consumer Commission. Nevertheless Mr.Burde learned advocate for complainant  has orally submitted before us that in lieu of their personal presence the complainant has filed his affidavit on record speaking about his intention to withdraw  the complaint. We have therefore gone through the affirmation filed by the complainant wherein the complainant has stated under his signature that the contents of the application for withdrawal are drafted as per his instruction. Advocate Mr.Tidke learned advocate for O.P. has also made the statement at bar that he has no objection to withdraw the complaint by the complainant. Looking to the fact that complainant wish to join as intervener before the Hon’ble National Consumer Commission. As such in view of the peculiar facts of present case of complainant and looking to the affirmation filed by the complainant on record through his advocate Mr.Burde, permission is granted to the complainant to withdraw the complaint in peculiar facts of the present case. Accordingly the complaint filed by the complainant shall be treated as withdrawn and is disposed of.  

  

 
 
[HON'BLE MR. DR. S.K. KAKADE]
PRESIDING MEMBER
 
 
[HON'BLE MR. A. Z. KHWAJA]
JUDICIAL MEMBER
 

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