State Commission has held that the appellant was carrying commercial activities and, therefore, would not fall within the meaning of ‘Consumer’ under Section 2 (1) (d) of the Consumer Protection Act, 1986.  Counsel for the appellant after taking instructions seeks to withdraw the appeal reserving liberty with the appellant to seek redressal of its grievance in any other appropriate forum.  Dismissed as withdrawn. 

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Liberty is reserved with the appellant to seek redressal of its grievance in any other forum 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.