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Procedure & cost to withdraw case from state consumer forum delhi

(Querist) 02 October 2015 This query is : Resolved 
Respected Lawyers,

I need your valuable guidance in withdrawing the case from Hon'able State Consumer Forum Delhi.

I had filed a case against a builder for delay in possession of my flat through a Lawyer (searched online). Now that I have reached an amicable agreement with the builder, I want to withdraw the case from Hon'able State Consumer Forum Delhi.

Today I spoke with my Lawyer to withdraw the case and he told me that it would cost me Rs.12000/- or more to withdraw the case. Respected Lawyers, I wanted your valuable advise as to how much it costs to withdraw a consumer case? Also, can I myself go ahead and withdraw the case and what is the procedure for it? What all documents would be required to withdraw the case as all my case papers are with my lawyer.

Please suggest. Thanks in anticipation.

Sincere Regards
Ashish Raina
R.K Nanda (Expert) 02 October 2015
appear in court personally on next date and give ur statement on oath that u have done amicable agreement with builder and thus want to withdraw ur case. file copy of agreement in court. not a single rupee is required to withdraw ur case and ur lawyer is misguiding you.pay his balance fee, if any.
Ashish Raina (Querist) 02 October 2015
Thank you R.K.Nanda Sir. Just one more question please if you don't mind..Is it possible to withdraw the case before next hearing? As I urgently need possession of my flat and for that I need to withdraw my case to proceed further. My next hearing is November and it will delay my possession by a month.. Is it possible?

Regards
Ashish
R.K Nanda (Expert) 03 October 2015
not possible.
Rajendra K Goyal (Expert) 03 October 2015
Wait till next date.
Ashish Raina (Querist) 03 October 2015
Thank you R.K Nanda Sir and Rajendra K Goyal Sir.
Sincere Regards
Ashish
R.K Nanda (Expert) 03 October 2015
ur welcome on LCI.
anand (Expert) 03 October 2015
if you want your matter to come early you can move an application before the forum that you want urgent hearing in this matter as the matter has been sorted out amicably along with the settlement deed annexed therewith.
R.K Nanda (Expert) 03 October 2015
even if u file application for early hearing it will be listed on next date already fixed as October is running and ur next date is in November and there a lot of backlog of cases in state commission.
Ashish Raina (Querist) 03 October 2015
Sure sir, as advised, I will wait for the next hearing and withdraw the case. In the interim will try and arrange something with the builder.
Regard
Ashish
K.S.Srinivas (Expert) 03 October 2015
Well advised by the expert R.K.Nanda.
Adv D P Jindal (Expert) 06 August 2018
If the complaint is withdrawn, may the fee be get refunded.


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