Order No.3                           Dated:2/5/2023

Ld. Advocate for the complainant is present.

Ld. Advocate for the opposite party is also present and pays cost of Rs.5,000/- (Rupees Five Thousand) only to the complainant in compliance with the order no. 2 dt. 28/4/2023.

Complainant files money receipt to that effect.

The Misc. Application is taken up for hearing.

Perused and considered the Misc. Application.

Heard both side.

Ld. Advocate for the complainant submits that inadvertently Mrs. Sobha Agarwal who booked flat in question has not been made party to this case. The present complainant is the constituted attorney of Mrs. Sobha Agarwal.

Therefore, her name is to be incorporated as complainant in this case.

Moreover, a portion of paragraph no.3 is required to be deleted and paragraph no. 3(a) is to be incorporated.

The prayer portion is also required to be amended.

The proposed amendment is mentioned in the Schedule of Misc. application.

In the reply Ld. Advocate for the opposite party raised objection and submits that the prayer for amendment of the complaint and incorporation of the name of Mrs. Sobha Agarwal as complainant has been made with a very belated stage and liable to be rejected.

On perusal of the CC/220/2021 and the photo copy of the document submitted therein, it appears that Mrs. Sobha Agarwal has booked a flat in question with the opposite party and the present complainant is the constituted attorney of Mrs. Sobha Agarwal, our considered view for rejection of the Misc. Application will be miscarriage of justice.

Moreover, we find that the power of attorney was executed by Mrs. Sobha Agarwal in favour of his husband / complainant herein on 29/06/2021 and the case was filed on 15/09/2021 i.e. prior to the file of the case.

The case was filed by the constituted attorney Pravin Agarwal in person, therefore, considering all aspect, the Misc. Application dated 07/02/2023 is allowed subject to payment of cost of Rs.2,000/- (Rupees Two Thousand) only C.P. to the opposite party.

At this stage, Complainant pays Rs.2,000/- (Rupees Two Thousand) only to the opposite party in presence of the Commission and opposite party files money receipt to that effect.

The complainant is directed to file amended complaint petition in CC/219/2021.

Thus, the Misc. Application is disposed of.