This Misc. Application has been filed by the petitioner/ complainant praying for amendment of the petition of complaint on the ground, as stated in the said Application, that during the pendency of this instant case the O.Ps.  lifted up the lien of Rs. 26,22,200/- which had been deducted illegally against the 8 purported policies  and credited the same to the Petitioner’s bank account with an amount of Rs. 5,09,737/- as to interest of the same. The petitioner under a schedule  praying for the proposed amendment which are in nutshell as:

 to insert the event of lifting lien of Rs.26,22,200/- in the petition of complaint and the prayer with claim of  interest @ 12% p.a. on Rs.26,22,200/- , further praying to direction to realize the interest amount for adjusting the said amount of Rs.5,09,737/-

In their written objection O.P. no. 2 and 3 stated that the parties had arrived at a settlement and for keeping good relation with their customers the O.P. no.2 and 3 refunded a sum of Rs.26, 22,200/- with interest amount of Rs. 3,31,373.2 and 3 further stated that the as per the settlement between the parties the agreed interest was 5%p.a. OPno.1 & 4 stated that Rs.26,22,200/- had been refunded in respect of 8 policies in question with an interest of Rs.5,09,737/-has been credited to the A/C of the complainant. Therefore the question of payment of interest @12% does not arise since the payment was disbursed to the account of the policy holder.

Heard both sides.

Perused the application filed by the Complainant, written objection filed by the O.Ps and the petition of complaint.

It appears that as the event of lifting lien is payment of interest amount of Rs. 5,09,737/-  and subsequent to filing the petition of complaint, the Complainant prays for bringing the fact to the petition of complaint.

In the written objection the O.P no. 1 also admitted that the fact of lifting lien of Rs. 26,22,200/- and payment of interest of Rs. 5,09,737/-. Therefore, neither of the parties will the prejudiced if this event is inserted in the petition of complaint.

As regards the proposed amendment of the prayer portion of the petition of complaint, it appears that the Complainant has prayed for interest @12% per annum on Rs. 26,22,200/-. Further, as he stated that an amount of Rs. 5,09,737/- has already been credited to his bank account towards interest amount. Therefore, it is needless to mention that the said interest amount will be adjusted to the admissible interest amount if, at all.

In such view of the matter, we are inclined to allow the prayer under proposed amendment no.1 and to reject proposed amendment no.2 since it has already been in petition of complaint.

In the result the MA being no. 11/2023 is allowed in part on contest.

Dictated and corrected by

[HON'BLE MRS. Sagarika Sarkar]
MEMBER