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Judgment
Karuna Nand Bajpayee, Presiding Member
This revision petition has been filed under Section 58(1)(b) of the Consumer Protection Act, 2019 in challenge to the Order dated 30.08.2022 in Appeal No. 251 of 2016 passed by the State Commission arising out of the Order dated 23.01.2015 passed by the District Commission in Consumer Complaint No.129 of 2012.
The District Commission vide its Order dated 23.01.2015 had initially allowed the complaint.
Subsequently, the appeal filed by the petitioners / opposite parties was partly allowed by the State Commission vide its Order dated 30.08.2022.
Heard learned counsel for the petitioners / opposite parties and for the respondent / complainant. Perused the material on record including inter alia the Order dated 23.01.2015 passed by the District Commission, the impugned Order dated 30.08.2022 passed by the State Commission and the memo of petition.
During the course of arguments, learned counsel for the petitioners / opposite parties took a brief interlude and submitted on, instructions, that after the death of insureddeceased, an amount of Rs.5,86,207/- was paid to the complainant on humanitarian ground. Now on the same ground, the petitioners do not wish to press this petition any further. Permission to withdraw the same may be granted. It has also been requested that as the petition is being withdrawn on humanitarian ground, the issues involved in the matter may be kept open and the decision of this case may not be treated as a precedent.
In the wake of the above submissions made, the present revision petition stands dismissed as withdrawn. It may also be observed that as the adjudication of this case has not been done on merits, this Order shall not be treated as a precedent and the issues involved, if any, are kept open.
The Registry is requested to send a copy each of this Order to the parties in the petition and to their respective learned counsels as well as to the fora below within three days. The stenographer is requested to upload this Order on the website of this Commission within three days.