West Bengal

Birbhum

MA/15/2024

Mr Biswanath Patra - Complainant(s)

Versus

Santiniketan Eye Care Centre - Opp.Party(s)

09 Feb 2024

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 dated 08/09/2022. Copy also served. The same has been registered as M.A. Case being No. 15/2024. 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 the prayer portion on the petition of complaint and also prays for enhancement of the compensation to the tune of Rs. 5,00,000/- instead of Rs. 1,00,000/- . He also prays for inserting the name and address of Dr. Mukul Biswas attached to Santiniketan Eye Care Centre, Mission Compound, Bolpur, West Bengal, Pin.-731204 as OP No. 2 in the cause title of the complaint.

            Ld. Advocate for the OP files W/O and submitted that if this application of the complainant is allowed by this Commission that can change the nature and character of the case. Hence, at the stage of argument no amendment would be allowed by this Commission and the same is liable to be rejected.

           

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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. 15/2024 is considered and allowed on contest without any cost. Complainant is directed to file the amended complaint as soon as possible. The contesting OP is at liberty to file additional written version if any.

            Thus the M.A. Case No. 15/2024 is disposed of.

            Fix. 12/03/2024 for filing of amended complaint by the complainant.

Copy of this order be supplied to the parties each at free of cost.