Dated 19.04.2024

As per Sanjay Kumar, President.

O r d e r

1. Present Revision Petition has been filed on behalf of petitioner for setting aside the order dated 28.03.2023 passed by District Consumer Forum, Aurangabad passed in Complaint case no. 20 of 2018 whereby and whereunder the District Consumer Forum has allowed amendment petition dated 06.03.2023 filed by the complainant for enhancing the amount of compensation as Rs. 20,00,000/- (Twenty lacs) from Rs. 3, 70,000/- (Three lacs seventy thousand).
2. Briefly stated the facts of the case is that complainant had filed a complaint case being C.C. No. 20 of 2018 for grant of compensation against the opposite party for medical negligence and deficiency in service. Son of complainant was admitted in the clinic of opposite party for pain in stomach and complainant was informed that Appendicitis has burst and immediate operation is required for which complainant readily agreed and paid the operation fee as well as hospital fee. Son of complainant was operated but thereafter, complications developed and his body got infected and was shifted to hospital in Varanasi where son of complainant had to undergo operation and complainant had to incur medical expenses of Rs. 3,00,000/- and complainant was told that due to faulty/defective operation conducted by opposite party the patient suffered and had to be subsequently operated as such complainant filed complaint case before the District Consumer Forum for payment of Rs. 3,70,000/- as compensation for deficiency in service and medical negligence in which notices were issued to petitioner and he appeared and filed his written statement.
3. During pendency of complaint case, complainant filed a petition dated 06.03.2023 for amending the relief portion of petition for enhancing the compensation amount from Rs. 3,70,000/- to Rs. 20,00,000/- which was allowed by the District Consumer Forum by order dated 20.03.2023 as impugned in this Revision petition.
4. Heard the parties.
5. There is no provision of amendment of complaint petition under the procedure as prescribed under the Act, Rules or Regulations of C.P. Act as such no amendment petition for amendment of complaint petition was maintainable. Regulation 26 of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 reads as follows:
26. Miscellaneous .- (1) In all proceedings before the Consumer Commission, endeavour shall be made by the parties and their agent to avoid the use of provisions of Code of Civil Procedure, 1908 (5 of 1908):

           Provided that the provisions of the Code Civil Procedure, 1908 may be applied which have been referred to in the Act or in the rules made thereunder.

6. Summary procedure is to be followed by the Consumer Fora and Complaint cases has to be decided within a specified period.
7. The amendment sought cannot be said to be a typographical error or formal in nature as such could not have been allowed by the District Consumer Forum that to after 5 years of filing of complaint case particularly when there is no discovery of any new fact.
8. In said view the matter the order dated 28.03.2023 passed by District Consumer Commission, Aurangabad is not sustainable in law and accordingly set aside.
9. Revision is allowed and amendment petition dated 06.03.2003 filed before District Consumer Forum, Aurangabad is dismissed.
10.  A copy of this order be supplied to both the parties free of cost as mandated by the C.P. Act, 2019. The order be uploaded forthwith on the CONFONET.
11.  Let the file be consigned in the record room along with copy of this order.

(Md. Shamim Akhtar)                                                                                                       (Sanjay Kumar,J)

       Member                                                                                                                           President

Md. Fariduzzama