Date : 28/02/2012
Per Mr.B.A.Shaikh, Hon`ble Presiding Judicial Member.
1. This revision petition is directed against the order dated 18/01/2012 passed by Dist. Forum, Aurangabad in CC.No. 561/2010 by which the application made by original complainant/petitioner has been rejected. The said application was made by the petitioner for amendment in the complaint. The amendment sought in the body of complaint was pertaining to the unfair trade practice adopted by opponents/respondents by not making arrangement for drinking water as per agreement from the well, making of arrangement of impure drinking water through bore well, closure of strict light by the opponents to harass petitioner, opening of illegal office for trading by the sight of the house of petitioner by the opponents and making of amendment in prayer clause of complaint about giving direction to the opponents/respondent to fix sliding iron gate instead of iron gate of two side parts in common compound wall of sector G, which is towards the southern side of the petitioner/complainant and about giving of further direction to the opponents to make arrangement of drinking water as per deed of declaration through well and about giving of further direction to the opponents to keep on all street lights during night time and about giving further direction to the opponents to close down the trading site office opened by the opponents in row house No. G-11.
2. The opponents/respondents opposed that application mainly on the ground that the complainant/petitioner had knowledge about the matters stated in said application for amendment, when he filed the complaint and that amendment can not be allowed as it will change whole nature of complaint.
3. The Dist.Forum below rejected that application by passing impugned order holding that the complainant was well aware of the said facts while filing the complaint and that the amendment sought is about seeking relief of public nature and it can not be sought in complaint of individual person and that it is necessary to file representative complaint to seek such relief and that therefore no permission for amendment can be granted.
4. It is submitted by Shri.Rahul Joshi, the learned advocate appearing for petitioner that the impugned order is illegal as no relief of public nature is sought by way of amendment. He further submitted that the nature of the complaint will not be changed due to proposed amendment in the complaint. He has also drawn our attention to copy of deed of declaration in support of his submission that amenities like gate, drinking water and street light are to be provided by the opponents. He therefore requested that impugned order may be set aside and amendment may be allowed to meet ends of justice. He relied upon observations made in the case of The Swan Energy Ltd – V/s- New India Assurance Company Ltd, original petition No. 131/2001 decided by Hon’ble National Commission on 03/08/2011. In that case after the complaint was heard finally and reserved for order, application filed for amendment in title clause of the complaint was allowed by the Hon’ble National Commission.
5. We have thus considered the amendment sought in the complaint by the petitioner, which is reproduced above in brief. In our view the complainant wants to introduce new case by pleading new facts and seeking new relief in the complaint. The petitioner was well aware of the said facts while filing complaint. He assigned to no reason why no such facts were averred in the complaint while filing it. In our view no such new case can be introduced in complaint by way of amendment. The aforesaid decision relied upon by learned advocate of the petitioner is of no assistance to the petitioner since in that case only amendment was allowed in title clause and by changing the title clause the nature of complaint was not changed. Thus we find no material illegality in exercise of jurisdiction by the Dist. Forum below for interference in impugned order. The petition therefore deserves to be dismissed
O R D E R
1. The revision petition is dismissed.
2. No order as to cost.
3. Copies of this order be issued to both the parties.
