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1 (CC/22/99)
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
MAHARASHTRA, MUMBAI
Consumer Complaint no. CC/22/99.
Mr.Ashok Vaghaji Vaviya.
R/at.3, Gopal Chawl,
Malpa Dongri No.2,
Survana Maharashtra Hotel,
Mumbai 400 093. ... Complainant(s).
Versus
1. Era Realtors Pvt.Ltd.
2. Omkar Realtors & Developers P.Ltd.
Both having their office at-
Omkar House, Eastern Express Highway,
Opp. Sion Chunabhatti Signal,
Sion (East), Mumbai 400 022. ...Opponent(s)
BEFORE:
Justice S.P. Tavade – President.
A.Z.Khwaja – Judicial Member
For the complainant(s) : Advocate- Salairam Bhimani.
For the opponent (s) : Advocate- Jayesh Vyas.
ORDER
(Delivered on 1st November 2022)
Per Hon’ble Justice- Shri. S.P.Tavade:
Not on board. Taken on today’s board at the instance of the complainant.
The complainant is present. He files an application for withdrawal of complaint
2 (CC/22/99)
with liberty to file a fresh complaint. It is contended that there are certain major
changes are to be made in the complaint which are vital in nature. Instead of
amendment, the complainant wish to withdraw the complaint with liberty to file
it fresh. The application is partly objected. It is contended that the opponent
has no objection for withdrawal, but it submitted that the permission to file fresh
complaint may not be granted as there is a clause of arbitration in the
agreement. The complainant submits that certain changes are to be made in the
complaint which may not be possible by way of amendment. Hence, the
complainant is allowed to withdraw the complaint and with liberty to file it with
advise. In view of the complaint is disposed of as withdrawn.
[Justice S.P.Tavade]
President
[A.Z.Khwaja]
Judicial Member
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