West Bengal

Birbhum

MA/20/2024

Modern Diagnostics and Nursing Home - Complainant(s)

Versus

Divisional Manager, The Oriental Ins. Co. Ltd - Opp.Party(s)

23 Feb 2024

ORDER

Shri Sudip Majumder- President-in-Charge.

Today is fixed for passing of order in respect of the amendment petition of the complainant. Both the parties files hazira through their respective Ld. Advocates. Already heard Ld. Advocates for the both sides.

            One amendment petition has been filed by the complainant dated 08/12/2023. The same has been registered as M.A. Case being No. 20/2024. Record is now taken up for passing of order.

            Perused the petition. Considered. From the content of the petition it appears that the complainant intends to amend in paragraph 7 of the complaint petition after the sentence “but neither the OP No. 1 nor the OP No. 2 paid any heed to that effect and did not settle the claim under the said policy rightly and bonafidely in order to deprive the complainant from its legitimate claim”, to new paragraphs will be inserted as per stated in the application for amendment dated 08/12/2023.

            No objection raised by the Ld. Advocate for OP side in respect of this 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.

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Hence, the amendment petition being M.A. Case being No. 20/2024 is considered and allowed without contest without any cost. Complainant is directed to file the amended complaint as soon as possible. The contesting OP is at liberty to file additional written version if any.

Thus the M.A. Case No. 20/2024 is disposed of.

            Fix. 22/03/2024 for filing of amended complaint by the complainant.

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