State Commission dismissed the complaint on the ground of ‘delay’ as well as on the ground of ‘maintainability’ as there was no relationship of ‘Consumer’ and ‘Service Provider’ between the appellant and the respondent.

            Counsel for the appellant, after taking instructions from the appellant who is present in court, seeks to withdraw the complaint as well as the appeal reserving liberty with him to seek redressal of his grievance in any other forum.  Prayer is allowed.  The complaint as well as the appeal are dismissed as withdrawn. 

  However, liberty is reserved with the appellant to seek redressal of his grievance from any other appropriate court of law/forum along with an application under Section 14 read with Section 5 of the Indian Limitation Act seeking to exclude the time spent in the consumer fora

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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.”