West Bengal

Birbhum

MA/38/2023

RAJ KUMAR SAHA - Complainant(s)

Versus

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD - Opp.Party(s)

19 Sep 2023

ORDER

Shri Sudip Majumder- President-in-Charge.

Today is fixed for file requisites upon OP members.

            Complainant files hazira along with one amendment petition also filed by the complainant. The same has been registered as M.A. Case being No. 38/2023. Record is now taken up for hearing .

            Perused the petition. Considered. From the content of the petition it appears that the complainant intends to amend in the cause title Axis Bank Limited, Bolpur should be added as a party as the vehicle is hypothecated one.

            Further the complainant intends to amend at first para of the petition will be “That the complainant is residing at Vill. Raipur, P.S. Bolpur, Birbhum which is within the jurisdiction of the Ld. commission.” In place of “That the complainant is an insurance policy holder of OP Nos. 1 and 2 through their agent OP No. 3.” Which is placed in the para no three and after OP No. 1 in para No. 3 it will be added “and 2.”

            Further the complainant intends to amend at Para Nos. 2, 3, 9, 10 and 14 on the ground stated in the amendment petition.

            In this respect we are of the view that amendment even at the stage of argument is required to be allowed in view of the diktat of the Hon’ble Supreme Court of India. We all know that amendment is to be allowed even at a final stage of a case if the Court considers the same as deemed fit and proper.

           

 

 

In the instant case, this Commission is of view that if the prayer for amendment as made by the complainant would be allowed by this Commission that cannot change the nature and character of this case because it is formal in nature.

            Hence, the amendment petition being M.A. Case being No. 38/2023 is considered and allowed on without contest and without any cost. Complainant also filed the amended complaint and files requisites upon OP members today. Issue summon/notice accordingly. B.C. to do the needful.

Thus the M.A. Case No. 38/2023 is disposed of.

            Fix. 31/10/2023 for S/R, appearance and W/V from/by the OP members.

Copy of this order be supplied to the parties each at free of cost.