DINESH RATHI Vs. SWASTIK BUILDERS

JUDGEMENT

(1.) Leave granted.

(2.) The appellant had filed Special Civil Suit No. 358/1992 in the Court of the Civil Judge, Senior Division, Nagpur on 13.4.1992 seeking for certain reliefs. During pendency of the Civil Suit, the appellant filed Original Petition No. 188/1995 before the National Consumer Disputes Redressal Commission on 8.11.1995. During the pendency of the dispute before the National Commission, the appellant withdrew the Civil Suit. Thereafter, the National Commission dismissed his petition on the basis of limitation as well as on the ground that he has a remedy under civil law, which he had availed of.

(3.) Inasmuch as he had already withdrawn the suit, that remedy was not available to him. In the circumstances he approached this Court challenging the order of the Commission but he withdrew the same and moved a petition for Review before the Commission. The Review Petition having been dismissed, the appellant is before us.