West Bengal

Birbhum

MA/3/2023

Amit Chakroborty - Complainant(s)

Versus

Manager,HDFC Bank,rampurhat Branch - Opp.Party(s)

10 Feb 2023

ORDER

Order No. 36  /dtd. 10.02.2023.//

            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. The same has been registered as M.A. Case being No. 03/2023. 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 the prayer portion on the petition of complaint and also prays for enhancement of the compensation to the tune of Rs. 9,75,000/- instead of Rs. 3,45,000/- . He also prays for inserting his permanent address as the cause title of the complaint.

            Ld. Advocate for the Ops submitted that at the stage of argument no amendment would be allowed by this Commission and the same is liable to be rejected.

            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. 03/2023 is considered and allowed on contest without any cost. Complainant is directed to file the amended complaint as soon as possible. The contesting Ops are at liberty to file additional written version if any.

            Fix. 17/02/2023 for filing of amended complaint by the complainant.