Parties are present through their Lawyers.

   The petition for amendment dated 17.08.2018 is taken up for hearing.

    Heard learned Lawyer of both sides. Considered.

   In filing the petition for amendment it is stated that due to arithmetic error and/or type mistake, some errors have taken place in the complaint requiring to be corrected by way of amendment of the petition of complaint. The necessary amendment has been set forth in the schedule of the petition of amendment. It is stated that the amendment petition is formal in nature and will not change the character and nature of the case.

     In filing written objection the Opposite Party has stated that the instant application filed by the complainant is not maintainable in its present form and character and the petition is filed with malafide intention. It is stated that the amendment will change the nature and character of the case and that the complainant cannot alter or change the prayer of the complaint in a manner which is not formal in nature and such amendment will change the nature and character of the entire complaint case.

                                                Decision with reasons

    Having gone through the petition of complaint and the amendment as sought for and other documents like development agreement etc. it appears that the complainant has filed the case against the Opposite Parties alleging deficiency in service and unfair trade practice. It appears that according to development agreement it was decided that the developer will be developing the property by constructing a multi storied building/apartment and on completion thereof, the developers they will provide one 3BHK residential flat measuring 1050 sq. ft. in the first floor, two 2BHK residential flat measuring 800 sq. ft. each in 2^nd floor and 3^rd floor and one four-wheeler parking space in the ground floor in the proposed multi storied building or apartment. It is alleged that the possession of the agreed flats has not been delivered within 36 months as agreed. In the petition of complaint, it is stated that the complainant is entitled to get such flats and parking space as agreed upon or alternatively to Rs. 35,00,000/- along with interest @ 18% per annum from the date of execution of the development agreement.

    In filing the amendment the complainant has stated that the amount of Rs. 35,00,000/- should be enhanced or replaced of Rs. 61,00,000/- and the valuation of the cause title of Rs. 41,00,000/- should be enhanced to Rs. 67,00,000/-. It appears that no valuer or valuation expert is sought for in this case and the valuation as furnished by the complainant is self-assessed. The complainant has also craved leave to file another Demand Draft for such enhancement of valuation. This Commission thinks that as no valuation expert is engaged in this case or no basis of valuation is forth coming before this Commission, and no paper of local market value is forthcoming, this commission thinks that the entire complaint value of the complaint as proposed to be amendment will change the nature and character of the entire complaint which is not tenable in the eye of law. If filing of the complaint before this Commission the complainant cannot alter and change the prayer of the complaint in any manner which is arbitrary and changing from time to time. The amendment as proposed does not appear to be formal in nature and it will change the nature and character of the case if the same is allowed and the complainant cannot crave leave to file another demand draft as required by the statue. The valuation as proposed is not authenticated by any document at this stage. No document of local market value is also forthcoming. It appears that the amendment is proposed is not a typographical mistake or arithmetical error. Moreover, there is provision of law that the complainant can withdraw the complaint with liberty to file a fresh before the Hon’ble Commission.

    So, judging squarely and having considered all aspects this Commission thinks that the amendment as proposed will change the nature and character of the case and is not also tenable in law as such.

    Hence,

                                                      Ordered

     The amendment petition dated 17.08.2018 is dismissed on contest. No order as to cost.

IA/12/2018 is thus disposed off accordingly.