Parties are present through their respective Ld. Advocates. Today is fixed for hearing on the MA/78/2021.

This order is arising out of the MA/78/2021 filed by the complainant praying for amendment in the prayer portion of the petition of complaint.

It is stated in the MA that during pendency of the instant complaint it came to the knowledge of the petitioner that due to inadvertance some relevant facts and legal terms had not been incorporated in the petition of complaint by the previous Ld. Advocate on behalf of the complainant at the time of drafting and filing the instant case. Due to unintentional mistake this position has been occurred in the body of the petition of complaint at the time of filing of the instant complaint, which will affect the true spirit of the instant complaint. For this reason at this juncture the said mistake is required to be rectified. As there is no deliberate laches or negligence on the part of the complaint, the complaint is required to be amended. According to the complainant such amendment will not change the nature and character of the instant case, rather it will help the Ld. Commission for coming to a conclusive conclusion. The complainant has stated that if this application is not allowed. The complainant will suffer irreparable loss and injury and prayer is made by the complainant for allowing the petition.

The MA has been contested by the OP 1 by filing W/O wherein it is stated by the OP 1 that the amendment as sought for by the complainant will change the nature and character of this case and for this reason the prayer for amendment should not be allowed.

 It is further stated by the OP 1 that though in the MA it is stated by the complainant that due to inadvertance on behalf of the Ld. Advocate for the complainant such mistake has been cropped up, but at the time of putting signature it was the bounded duty of the complainant to go through the entire petition of complaint before filing. Therefore, liability can be cast upon the shoulder of the complaint also. The OP 1 has further contended that by making prayer for amendment the complainant is trying to fill up the lacuna on his past, which cannot be entertained in the Eye of Law. According to the OP 1 the prayer as made out by the complainant in the MA is liable to be rejected with exemplary cost.

We have carefully perused the content of the MA/78/2021 and objection thereto filed by the OP 1.

It is seen by us that admittedly the proposed amendment was not mentioned in the earlier complaint along with its prayer. The complainant presently is inclined to incorporate one prayer in the prayer portion of the complaint i.e. “An order directing the all OPs jointly and severally to pay the alternative accommodation charges at the rate of Rs. 6,000/- to the complainant since delivery of possession to the complainant”.

The Ld. Counsel for the complainant has attracted our notice at Page 9 of the Development Agreement Clause xiii(a) wherein it is enumerated that “from the date of delivery of possession of the said property, the developer shall provide for a suitable alternative accommodation to the landlords/landladies and rent of which shall be payable by the developer at the rate of Rs. 6,000/- only per month including electricity, water and other statutory charges for his occupation till the date of completion of development and construction work”.

Therefore, in our opinion that the proposed amendment is not after thought, rather, it has already been mentioned in the Development Agreement dated 25.04.2014. However, due to negligence/laches either on the part of the Ld. Advocate or the not, whatever it may be, the said prayer was skipped from the prayer portion of the complaint. Due to laches of negligence or inadvertance on behalf of the Ld. Advocate Consumer should not suffer.

Moreover, the evidence part of this complaint has not yet been started. Therefore, as the said prayer is already been mentioned in the development agreement, we cannot debar complainant from making such prayer in the prayer portion of the complaint.

Hence, it is ordered that MA/75/2021 is hereby allowed on contest against OP 1. There is no order as to cost, The complainant is directed to file amended complaint showing the proposed amendment in the said complaint.

On 07.03.2022 for filing amended complaint by the complainant.

Let plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER