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Refund of amount paid by me from OP how to withdraw complaint


19-Sep-2023 (In Consumer Court Law)
Complained filed to refund the amount paid for deficiency in service as promised. Notice to appear before court was served to OP. Now OP has contacted me & is willing to refund the whole amount. OP has also conveyed that he is not well & not able to appear before court & has further requested to withdraw complaint against him. In such case what are the legal formalities I should take to withdrawal of my complaint.
Answers (4)

Answer #1
757 votes
There are no legal formalities in case you want to withdraw your complaint. But I would suggest you to first take the amount from the OP and then withdraw the case. You can make the statement to this effect in court on the next date of hearing stating you have settled your dispute.

Answer #2
784 votes
you may move a joint application in support of an affidavit or make and notorise and MOU in liue of the settlement. Court encourages such steps as it saves the time pf the court. Please ensure that the OP does pay you beforehand
Answer #3
957 votes
I advice you not to withdraw complaint at this stage. Just inform the forum about the said development that respondent/O.P is willing to settle the matter and accordingly request the forum for short adjournment. Once the respondent/O.P appear, you people can move application of joint settlement and on basic of statement of O.P, you may withdraw the petition.
Answer #4
784 votes
Hello. First of all, I would suggest you to get the refund back as promised then on the next date of hearing you can withdraw your complaint. The procedure is very simple as the consumer forums do not follow the strict procedures of CPC. All you need to do is appear in court personally on next date and give your statement on oath that you have reached an amicable agreement with OP and thus want to withdraw your case. Also file copy of agreement in court.

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