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The Commission permitted the withdrawal of the consumer complaint with liberty to file a fresh complaint on the same cause of action with better particulars before the appropriate forum.

Headnote:(A) Procedural Law - Withdrawal of Complaint - Complainant seeking withdrawal with liberty to file a fresh complaint on the same cause of action - Grant of liberty to file fresh complaint with better particulars before the appropriate authority is permissible.

Issues: Whether the complainants may be allowed to withdraw the complaint with liberty to file a fresh one on the same cause of action.

Legal Category Hierarchy

  • practice and procedure
    • withdrawal of complaint
      • liberty to file fresh
        • with better particulars

Quorum:-

Hon'ble Mrs. Justice Daya Chaudhary, President

Mr. Rajinder Kumar Goyal, Member

Mrs. Kiran Sibal, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No

Present:-

For the complainants : Sh.Anirudh Gupta, Advocate

JUSTICE DAYA CHAUDHARY, PRESIDENT :

Proceedings have been conducted through Video Conference as well as physically due to pandemic of COVID-19.

Learned counsel for the complainants states at Bar that he wants to withdraw the present complaint with liberty to file fresh complaint on the same cause of action with better particulars before the appropriate Commission/Authority.

In view of above, the present complaint is dismissed as withdrawn with a liberty to file fresh complaint on the same cause of action with better particulars before the appropriate Commission/Authority, in accordance with law.

Registry is directed to return the power of attorney, original documents, if any, after retaining the true photocopy of the same as well as spare sets to the learned counsel for the complainants.

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