KANCHAN SACHDEV & ANR Vs. COSMIC STRUCTURES LIMITED

JUDGEMENT

(1.) Heard Appellant No.2, who has appeared in person and perused the impugned orders dated 12.11.2018 passed by the State Consumer Disputes Redressal Commission, Delhi in C.No.1095, 1142/2017, wherein the amount of Rs. 4,000/- deposited by the Appellant for filing the Complaint before the State Commission has not been refunded. The Appellant invited our attention to the order of the Delhi High Court dated 27.9.2018, wherein the Applications preferred by the Appellants herein before the Delhi High Court in Company Petition No.152/2016, being CA No.768, 773 and 381/2018, have been permitted to be withdrawn on the statement given by the learned Counsel for the Appellants and liberty was also granted to file claim before the Official Liquidator. According to the Appellant, as the Complaint itself was not maintainable before the State Commission, therefore, he is entitled to refund of Rs. 4,000/- paid towards fee under the Consumer Protection Act, 1986. The submission is wholly misconceived. It was the Appellant, who had approached the State Commission by filing the Complaint and the Complainant is seeking withdrawal of the said Complaint on the ground that he will approach the Official Liquidator. The Delhi High Court had not held that the Complaint before the State Commission was not maintainable. It was on the request of the Appellant that the Applications filed in the pending Company Petition were permitted to be withdrawn with liberty to file a claim before the Official Liquidator. The order of the Delhi High Court does not direct the State Commission to refund Rs. 4,000/- deposited by the Appellants, if the Appellants withdraw the Complaint. That being the position, we are unable to accept the contention raised by the Appellant.

(2.) Hence, the Appeal fails and is dismissed.