West Bengal

Birbhum

MA/29/2023

Taraknath Chatterjee - Complainant(s)

Versus

Post Master, Rampurhat Post Office - Opp.Party(s)

24 Aug 2023

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 as on dated 04/07/2023. The same has been registered as M.A. Case being No. 29/2023. 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..... That the 1^st page 2^nd para M.O be deleted and in that place EMO inserted and 5ths line the whose PNR No. 135649595368905050 and 135649595369510050 for Rs. 500/(it will be Rs. 1000/ in lieu of Rs. 500/) and Rs. 1000/ (in lieu of Rs. 1000/ it will be Rs. 500/) and in reply of questionnaires SL. No. 1 para 4 it will be Rs. 1000/ in lieu of Rs. 500/ and Para 5 in lieu of Rs. 1000/ it will be Rs. 500/.

            In the 1^st page 3^rd Para 6^th line date 07/06/2019 be deleted and in that place the date 11/06/2019.

            In the 2^nd page 8(1)th para return the amount the EMO along with service charges be deleted and  in that place order for giving only service charges of two EMOs which was return on 11/06/2019 and 17/07/2019 and it was remitted on 03/06/2019 from Rampurhat H.O. (731224) in favour of (1) Mita Roy for Rs. 500/ and (2) Putul Roy for Rs. 1000/.   

 

No W/O has yet been filed by the OP sides, no objection raised by the OP sides.

            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. 29/2023 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.

            Thus the M.A. Case No. 29/2023 is disposed of.

            Fix. 25/09/2023 for filing of amended complaint by the complainant and questionnaires by the complainant.

Let a copy of this order be supplied to the complainant/petitioner free of cost.