Misc. Case No. 270/2021                                 

         Heard the learned counsel for the petitioner on the point of limitation. He submitted that the delay in filing revision for 19 days  was caused due to the official process of the OP-Organisation. Considered.  Since, it is only  matter of  delay of 19 days and the Organisation is a banking institution, taking liberal view the delay in filing revision is condoned without rights and prejudice of the OP-Complainant.

         The Misc. Case is disposed of.      

        (Dr.D.P.Choudhury,J)

                                                                       President

  R.P. No.15/2021

                  Heard  the learned counsel for the petitioner on revision petition. He submitted that the complainant has filed a petition to amend the complaint by adding a para to the complaint which  will change the nature and character of the case. So, they have raised the objection but the learned  District Commission,without application of judicial mind passed  order on 20.11.2020 by allowing the petition to amend the complaint. He further submitted that the amendment of the complaint is not permissible under the C.P.Act,2019 (herein-after called the Act). So, he submitted to set-aside the impugned order.

  2.          Considered the submission of the learned counsel for the petitioner. It is not  felt necessary to issue notice to the Op but to dispose of the matter at the time of admission.

 3.           Perused the copy fo  petition for amendment of the complaint and the copy of  objection filed by the present petitioner. The complainant has proposed to amend by inserting a para whereunder it is explained that  she is helpless woman and has purchased the vehicle for maintaining her livelihood. The main complaint petition does not disclose about such fact but rest of the facts about the purchase of the vehicle,  in carrying out the business as  she was prevented from paying the loan, abut repossession of  the vehicle by OP and sale of  same. Since the complainant made some grievance but it was not heard, she filed the complaint. When such complaint was filed on the above facts, the proposed amendment per se  does not change the nature and character of the complaint because she has only explained about necessity of purchase of the vehicle by way of amendment of the complaint. After going through the impugned order this Commission is not inclined to set-aside same. However, there is no bar for the Op to file additional written version if he is allowed by the District Commission.

 4.      Since the complaint case is of the year 2018, while disposing the revision, learned District Commission is directed to allow the present petitioner to file additional written version, if any  and after hearing dispose of the case within a period of 45 days from the date of receipt of the order. It is made clear that this Commission has not given any opinion  on the merit of the case. Learned District Commission is at liberty to dispose of the matter within said aforesaid period basing on the material on record.

 5.    Free copy of the order be supplied to the learned counsel for the petitioner to produce the same before the learned District Commission on 12.05.2021 and take further instruction.

   The Revision petition is disposed of accordingly.