DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

M.A. No- 215/2017

Arising out of C. C.  CASE  NO. 401/2014

Date of Filing:                                                                                                      Date of Disposal:

08.09.2017.                                                                                                           26.06.2018

Complainant:-              1.       Nandita Dutta

                                                W/o Sri Partha Sarathi Dutta,

                                                Choudhuri Para (Beltala),

                                                Near Deshapriya Sangha,

                                                P.O & P.S- Barasat,

                                                Dist- North 24 Parganas

  =Vs.=

O.P/s:-                           1.       Protiva Dudhoria

                                                Representing

                                                Indian Silk House Agencies,

                                                1/L Jessor-Road (South),

                                                Dukbanglow More,

                                                P.O & P.S- Barasat,

                                                Dist- North 24 Parganas,

                                                Kolkata- 700127

P R E S E N T :-  Bankim Chandra Chattopadhyay………..…..President.

:-  Smt. Silpi Majumder  ………………………Member.

Order No- 35

This order is arising out of the MA – 215/2017 filed by the complainant in the CC 401/2014 praying for revised claim.

In the application it is stated that since filing of this complaint till date prolonged time has already been elapsed, but the complaint has not yet been disposed of by this Ld. Forum. In this manner the complainant has been facing harassment day by day. Moreover till filing of this complaint the OP did not disclose the name of the proprietor of its concern. Due to such harassment the complainant is intending to enhance the compensation amount from Rs. 5,000/- to 20,000/- and litigation cost from Rs. 5,000/- to 20,000/-. When this complaint was filed by her she had sought for total claim of Rs. 11,170/- from the OPs on the account of cost of the Saree, compensation and litigation cost. at this juncture he is inclined to enhance the said amount for Rs. 51,170/-. According to the complainant such amendment regarding revised claim will not change the nature and character of the complaint and the OP will not be prejudiced for such amendment. According to the complainant if this application is not allowed she will suffer irreparable loss and injury and prayer is made by her for allowing this application.

:2:

The OP has raised vehement objection against this application verbally stating that on several occasions the complainant took adjournment due to illness/ill-health of the Ld. Senior Counsel. Therefore the complainant cannot shift the liability on the shoulder of the OP stating that due to adjournment taken by the OP this complaint could not be disposed of. Prayer is made by the OP for dismissal of the application as at this juncture such application cannot be maintainable on the ground that the proposed amendment will change the nature and character of this complaint.

We have carefully gone through the content of the application and in our view that while the evidence part of both parties have already been completed and the complaint is fixed for argument, at this juncture prayer for revised claim cannot be maintainable as it will obviously change the nature and character of this complaint. Moreover in the stage of argument prayer for amendment cannot be allowed. Though the complainant has relied on one judgment of the Hon’ble NCDRC in support of her contention, but the ratio of the said Judgment cannot be applicable at this juncture. The complainant will be at liberty to mention and rely on the said Judgment at the time of final argument of the consumer complaint.

Hence it is ordered that the MA being no- 215/2017 is hereby dismissed on contest. there is no order as to costs.

Let plain copy of this order be supplied to the parties free of cost as per the CPR, 2005.

Member                                                                                                       President

Dictated and Corrected by