No.6/24.09.2015

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This order relates to hearing on MA 165 of 2015 filed by the Complainant praying for amendment of the complaint. 

            It is submitted by the Learned Counsel for the Complainant that previously in Appeal bearing no.FA 81 of 2013 the order dated 09/10/12 passed by the Learned District Forum, Darjeeling in case no.20/D/12 was set aside and the liberty was given to the Complainant to file the complaint before the appropriate Forum as the Learned District Forum had no pecuniary jurisdiction to entertain the complaint.  It is further submitted that the Hon'ble National Commission in RP No.3755 of 2014 was placed to dismiss the Revision Petition.  It is contended that the Complainant has accordingly filed the complaint before this Commission and the aforesaid circumstances have been incorporated in the proposed amendment in paragraph 20A as mentioned in the schedule of the amendment petition. 

            The Learned Counsel for the OPs has submitted that since the complaint has been filed afresh before this Commission the cause of action has changed. 

           Having heard the Learned Counsel for the parties and on perusal of the papers on record, we are of the considered view that the amendment sought for is formal in nature and it will not change the nature and character of the complaint in any way. 

            MA 165 of 2015 is allowed.  The Complainant is directed to file amended version of the petition of complaint.  Bench Clerk is also directed to incorporate paragraph 20A in the petition of complaint.  Fix 24/11/15 for filing amended version of the complaint and filing W.V. by the OPs.