Date of Filing: 05.04.2022                                           Date of Disposal: 14.07.2022.  

Order No. 28 Date: 14.07.2022

            Today is fixed for passing order in respect of M.A. Case being No. 05/2022 for amendment of the complaint.

            The complainant files hazira through Ld. Advocate. No step is taken by the OPs.

            The record is taken up for passing order.

            On 05.04.2022 the complainant has filed a petition supported by an affidavit praying for passing appropriate order in respect of amendment of the complaint for proper adjudication of the case which has been registered as M. A. Case being No. 05/2022.

            The complainant submitted that he has filed this case alleging deficiency in service and unfair trade practice, practised by the OPs and subsequently the OPs appeared and submitted the Written Version to contest the suit. He also submitted that during pendency of the case, the OPs had redressed his grievance partly by issuing Completion Certificate in favour of the complainant and completed a registration process of the flat before the ADSR, Purba Bardhaman as per Circular of Government of West Bengal, Order No. 411 F.T. dated 23.03.2012. Subsequently, the complainant has no grievance against the OPs in respect of registration of flat, supply of completion certificate and the Ld. Commission was pleased to pass order vide order dt. 05.02.2019, 12.02.2019 and 19.02.2019 that consequent to the completion of registration, the prayer of the complainant related to registration of the flat and car parking area shall be stopped and the amendment sought for is very formal in nature as stated by the complainant in the amendment petition.

            Perused the case record.

            It appears that the complainant has already adduced evidence and the case was fixed for filing questionnaire by the OPs and again subsequently, the case was fixed for argument. Thereafter, the case was fixed for final settlement and disposal of the case. In this situation, no amendment can be permitted to be allowed, after commencing of the evidence.

In the instant case, the evidence stage has already been over and the complainant has already adduced evidence in this case and the case was fixed for argument and subsequently it was fixed for final settlement and disposal of the case.  Therefore, the amendment, as sought for, cannot be allowed.

            Hence, it is

                                                            ORDERED

That the M. A. Case being No. 05/2022 be and the same is rejected.

The M.A. Case being No. 05/2022 is thus disposed of.

            Let the case No. CC/ 28 /2018 be fixed for final settlement and disposal of the case.

            To 01.09.2022  for final settlement and disposal of the case. 

             Let a copy of this order be supplied to the parties on free of cost.

     Dictated & corrected by me.

                      President

     D.C.D.R.C , Purba Bardhaman.

                     Member                                                                    President

     D.C.D.R.C , Purba Bardhaman.                                     D.C.D.R.C , Purba Bardhaman