Complainant/appellant took a franchisee to open coaching center and paid the franchisee fee of Rs.6 Lac + service tax.  Dispute arose between the parties.  Appellant filed the complaint before the State Commission. 

          State Commission dismissed the complaint holding that the complaint filed by him was not maintainable as he was not a ‘Consumer’ within the definition given under Section 2 (1) (d) of Consumer Protection Act, 1986.

          Appellant being aggrieved has filed the present appeal.

          Counsel for the appellant seeks to withdraw the appeal as well as the complaint reserving liberty with him to seek redressal of his grievance in any other forum including the civil court.

          Appeal as well as the complaint filed by the appellant are dismissed as withdrawn.

          Liberty is reserved with the appellant to seek redressal of his grievance before any other forum including the civil court along with an application under Section 14 of the Limitation Act seeking

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condonation of delay for the time spent before the consumer fora, in view the observation made by the Supreme Court in Laxmi Engineering Works vs.PSG Industrial Institute – (1995) 3 SCC 583”.