21-07-2015 - Inspite of fixing this case for passing ex-parte order nobody appears on behalf of the Respondent.

2. On being satisfied with the grounds, the delay of about 40 days in filing this appeal is condoned.

3. By the impugned order dated 12.07.2013 learned District Consumer Forum, Pakur rejected the prayer for amendment of complaint petition filed in Complaint Case No. 14 of 2012. Against the said order the appellant filed writ petition being WPC No. 4708 of 2013 which was dismissed as withdrawn on 14.10.2014 with liberty to work out the remedy in accordance with law.

4. The relevant portion of the amendment sought, read as follows.

1. That due to mistake the purpose of taking electric connection left to be given in the contents of brief partical of the complaint.

2. That not the complainant want to add few lines after 2^nd para of page 3 of the brief fact which are as follows.

“That the complainant has taken aforesaid connection for using it in stone crushing machine which is exclusively for the purposes of earning his livelihood by means of self employment”.

5. The learned District Forum has rejected the prayer for amendment on the ground that it will change the nature of the case.

6. In our opinion, in the interest of justice the amendment sought should be allowed. Accordingly the impugned order dated 12.07.2013 is set aside and the amendment is allowed.

7. The Respondent may file written statement/supplementary written statement on all points including the said contention of the appellant i.e. whether he is a ‘consumer’ within the meaning of the Consumer Protection Act.

8. It is made clear that this order will not prejudice the respective cases of the parties.

With these observations and directions this appeal is stands disposed off.

This matter was heard by the bench consisting of the President and the Member Mrs. Sumedha Tripathi.After the order was dictated with her consent, she informed that she would be absent for her treatment, and she is not sure when she will be available.Therefore this order is being pronounced and signed by the President, keeping in view the judgement of Hon’ble Kerala High Court dated 25.02.2013, passed in W.P. (C) No.30939 of 2010 (N)- P.K. Jose – vs. – M. Aby & ors.

Issue free copy of this order to all concerned for information and needful.

Ranchi,

Dated:- 21-07-2015