Raman (Technical) 09 April 2015

"compromise petition" or withdrawal

Hello:

I filed one suit in the Consumer Forum, now the opposite party is willing to provide me service and wants me to withdraw the case, I am fine with the proposal and want to come out of the legal procedure.

I am confused whether I should withdraw the suit by simple saying that I don't want to continue to the case anymore, or do I have to file a Compromise petition in this case? What is the best advised here?

If I withdraw the case do I get into any legal trouble? or Can the court award the opposite party for the same?

If I file or both of us (myself and Opposite party) jointly file a compromise suit do I lose anything?
I am totally confused with the legal process that I should follow.

Thanking you,

Warm regards.

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 12 April 2015

If you have agreed to the compromise offer made by the opposite party, you may file a memo before the consumer court stating that an out of court compromise settlement has been arrived hence you may be permitted to withdraw the case as not pressed, this will take care of all the situations without any danger as foreseen by you.

Raman (Technical) 13 April 2015

Dear Sir,

Thanks a lot for your your reply. Can you please let me know what is the procedure to file the Memo? Should I submit an application to Registrar State Commission in plain paper requesting the permission for withdrawal of my case and attach the "Out of Court" settlement signed by both the parties? Will that be sufficient? Will I get any acknowledgement of my application or grant of request to withdraw the case, as the opposite party has asked for a copy of the paper / proof that I have withdrawn the case.

Thanks again for your kind assistance.