DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 235/2022              

P R E S E N T                :- Smt. Sukla Sengupta………………President.

:- Smt. Monisha Shaw.……………… Member.

                                       :- Sri.  Abhijit Basu…………………. Member.

Order No.09

Dated. 18.05.2023

Both the parties are present. Today is fixed for hearing an amendment petition. Let the amendment petition be registered as M.A. being No…61/2023.

Perused the petition. Heard both sides. Considered. From the content of the amendment petition is appeared that the petitioner/ complainant has prayed for allowing to amend the power of attorney holder/ representing lawful attorney to file a fresh verification by way of previous verification as in order to rectify / change the signature to the power of attorney holder- Mozahidul Islam instead of Ariful Mallick as per schedule of the proposed amendment mentioned in the schedule of the petition.

Ld. Advocate for the O.P during the course of hearing of the petition submitted that as per part -2 of provision of order 6 rule 17 CPC any sort of amendment can be allowed by the court if the same nature and character is required for the proper adjudication of the case. In the instant case the proposed amendment cannot serve such purpose and he prayed for rejection of the petition.

Ld. Advocate for the complainant submitted that there is no technical fault on the part of the complainant which should be corrected prior to final hearing of the case. He further submitted that the proposed amendment is formal in nature and in no way it change the nature and character of the case if the same be allowed.

On careful consideration of the materials on record, the content of the petition and submission of the Ld. Advocate for both sides this provision the proposed amendment is formal nature and it would not change nature and character of the case if it be allowed rather each and every papers should be in proper form prior to final hearing.

So the prayer of the complainant is allowed as per schedule of the proposed amendment and he also directed to file the amendment petition of complainant along with the verification within the stipulated period.

Fixing by 01.06.2023 for filing amended petition of complaint.

The M.A. being No. 61/2023 is thus disposed of on contest without any cost.

Member                              Member                        President