IA/1061/2013 By this application, OP no.5 is seeking dismissal of the complaint filed by M/s Travel India Bureau Pvt. Ltd. on the ground that on similar facts, the National Commission vide order dated 02.04.2008 in Consumer Complaint No.7/2008 dismissed the complaint on technical ground that the complainant does not fall within the definition of onsumerand as such the complaint is not maintainable. It is contended the Commission also dismissed the review petition filed against said order. Thereafter, the complainant filed Civil Appeal Nos.342-343 of 2009 in the Supreme Court and the Supreme Court vide its order dated 15.04.2011 allowed the complainant to withdraw his Civil Appeals with liberty to avail -3- remedy by filing civil suit. Learned counsel submits that this complaint also revive similar question of law and fact, therefore, it liable to be dismissed for the reason that the complainant is not a onsumeras defined in Consumer Protection Act, 1986. 2. Learned counsel for the complainant has fairly conceded that the facts in this complaint are exactly similar to the facts in the Consumer Complaint referred to by learned counsel for the OP no.5, therefore, the judgment of the National Commission is squarely applicable to the facts of this case. Learned counsel for the complainant further submits that nothing was concealed by the complainant. In fact, in the review petition as well as in the civil appeals filed in the Supreme Court pendency of this complaint pertaining to other three flats in the National Commission was disclosed. Thus, he requests that he may be permitted to withdraw this complaint with liberty to have recourse to civil remedy with the benefit of the order of the Supreme Court as also Section 14 of the Limitation Act. The relevant portion of the order of the Supreme Court in the Civil Appeals no.342-343 of 2009 is reproduced as under: -4- he appeals are accordingly disposed of as withdrawn with liberty to the appellant to avail remedy by filing civil suit. If the appellant files suit within a period of two months from today along with an application under Section 14 of the Limitation Act then the concerned Court shall sympathetically consider its prayer for condonation of delay. 3. In view of the above, we dismiss the complaint as withdrawn with liberty to the appellant to avail remedy by filing civil suit, with the observation that if the complainant files suit within a period of two months from today along with an application under Section 14 of the Limitation Act then the concerned Civil Court shall sympathetically consider its prayer for condonation of delay. 4. Parties are left to bear their own costs.