Per Shri A.Z.Khwaja, Hon’ble Judicial Member.

Matter is today listed for final hearing. At this stage learned advocate for complainant Shri Burde has filed an application for withdrawal of the complaint on the ground that the complainant wish to withdraw the complaint since complainant filed his intervention  application before the Hon’ble National Consumer Commission. Learned advocate for O.P./Nagpur Housing and Area Development Insurance is also present before us. It is submitted by the learned advocate for the complainant that the complainant is unable to appear before the State Commission for withdrawing the complaint. No reason has been assigned by the complainant for his absence at the time of withdrawal of the complaint despite the fact that the complainant is duty bound and under obligation to remain present for the purpose of the withdrawal of the complaint which is already filed before the State Consumer Commission. Nevertheless Mr.Burde learned advocate for complainant  has orally submitted before us that in lieu of their personal presence the complainant has filed his affidavit on record speaking about his intention to withdraw  the complaint. We have therefore gone through the affirmation filed by the complainant wherein the complainant has stated under his signature that the contents of the application for withdrawal are drafted as per his instruction. Advocate Mr.Tidke learned advocate for O.P. has also made the statement at bar that he has no objection to withdraw the complaint by the complainant. Looking to the fact that complainant wish to join as intervener before the Hon’ble National Consumer Commission. As such in view of the peculiar facts of present case of complainant and looking to the affirmation filed by the complainant on record through his advocate Mr.Burde, permission is granted to the complainant to withdraw the complaint in peculiar facts of the present case. Accordingly the complaint filed by the complainant shall be treated as withdrawn and is disposed of..