(Delivered on  22 /10/2021)

PER SHRI A. Z. KHWAJA, HON’BLE PRESIDING MEMBER.

1.         Petitioner /complainant – Mr. Anilkumar Ramnarayan Tiwari has preferred the present  revision petition  feeling aggrieved by the order dated 24/10/2018 passed by the  learned Additional  District Consumer  Commission , Nagpur in Consumer Complaint No. RBT/CC/11/270 whereby the application filed by the petitioner/complainant for carrying out amendment  in the complaint  came to be dismissed.

2.         Short facts arising out of the revision petition are that, the present petitioner /complainant had availed loan facility from the respondent/ O.P.–Diwan Housing Finance Ltd. of Rs. 3,00,000/- for purchasing  a flat which was sanctioned on 03/01/2003. Petitioner /complainant  has contended that  he had  regularly paid monthly installments  but the  respondent /O.P. had charged  excessive  interest  from time to time and thereby  had committed deficiency  in service and so the consumer  complaint  came to be filed by the  present  petitioner.

3.         It appears  that  after  the close of evidence by the parties the present  petitioner/complainant  moved  an application  for carrying out amendment  in  the complaint  on the ground that  during the pendency  of the complaint  certain subsequent developments  had taken place  namely  the  respondent /O.P. has taken   possession  the flat of the complainant and  after calling out public auction  sold the flat and no Sale  Certificate  was obtained.  Petitioner/complainant has also contended that the excessive interest was charged from time to time and loan statement was also not supplied. All these facts needed to be incorporate  in the complaint  being  subsequent  events but  learned Additional District Consumer Commission, Nagpur dismissed the application for amendment  by passing  an  order  on 24/10/2018 on the ground that  the petitioner /complainant  had sufficient  knowledge  of  the  events  and the amendment  application  was filed  merely  to prolong  the matter  as  the case  was already  posted  for oral argument. Against this impugned order dated 24/10/2018 passed by the Additional District Consumer Commission, Nagpur, the petitioner /complainant has come up in  revision petition.

4.         I have heard Mrs. S.K. Pounikar, learned advocate for the petitioner  and Mr. Deshpande , learned advocate for the respondent – Diwan Housing  Finance  Ltd. It is vehemently  submitted  by  Mrs. S.K. Pounikar, learned advocate for the  petitioner  that  though  the  amendments  were  relating  to  subsequent  events  and  were necessary  to be brought  on record these facts  was not taken  in to consideration  at all by the learned Additional District Consumer  Commission, Nagpur and  the application  for amendment  was rejected  solely  on the ground  that  the same was filed after huge delay  and  also  when the matter  was posted  for  oral argument.  Mrs. S.K. Pounikar, learned advocate for the petitioner has submitted that the proposed amendment was very much material and necessary for adjudication of   the complaint on merits.  It is pointed out by  Mrs. S.K. Pounikar, learned advocate for the petitioner  that the  petitioner  had demanded  the loan account  statement  so that  all the installments of loan  to be  repaid  by the petitioner/complainant but the  loan  statement  came to be supplied  only on 02/05/2019 and not earlier  as referred  in the order passed by the Additional District Consumer Commission, Nagpur. Secondly,  Mrs. S.K. Pounikar, learned advocate  for the petitioner  has contended that  the  proposed  amendment  was in no way going  to change the nature  of the complaint.

5.         I have carefully gone through the application for amendment moved by the complainant, copy of which is placed on record as well as impugned order dated 24/10/2018. In the amendment  application  the complainant  has referred to the fact that  the O.P. had taken  possession  of the  flat and  thereafter sold  the flat by way of public auction  and no details  of auction  were provided  which  amounted  to deficiency  in service.  The learned advocate for the petitioner /complainant has also contended that the respondent / O.P. had charged rate of interest  in violation of rules and circular of the Reserve Bank of India.  No doubt,  the  record shows that  the amendment  application  came to be moved  at the stage  when the matter was  fixed for  oral argument  and so there was huge delay in moving  the application. The learned Additional District Consumer Commission, Nagpur has observed  that  the  petitioner /complainant  has taken  several adjournments  and matter was getting  delayed  but  I am of  the view that  solely  on this count of  inordinate  delay the  amendment  application  could not  have been dismissed more   particularly  when the amendment  was relating  to subsequent  events which  were  having  a  bearing  on the complaint.  In my view , the proposed  amendments  were  quite necessary  for adjudication  of the consumer  dispute  and  were not going  to change  the nature  of the  dispute.  So far as the aspects of delay was concerned the respondent can  be compensated  by saddling  suitable costs upon the petitioner /complainant. As such  I feel that   the order  passed by the  learned Additional District Consumer  Commission, Nagpur dated  24/10/2018 will have to be  set aside and the amendment  application will have to be allowed after imposing  suitable cost.  I therefore, proceed to pass the following order.

ORDER

i.          Revision Petition No. RP/19/12 is hereby allowed.

ii.          Order dated 24/10/2018 passed by the  learned Additional District Consumer Commission; Nagpur on amendment application is hereby set aside.

iii.         Amendment  application  moved  by  the  complainant /petitioner  is hereby  allowed  subject  to cost of Rs. 2500/- to be paid to the  respondent within  a period three weeks.

iv.        Liberty is granted to the respondent to make consequential amendment, if necessary.

v..        Copy of order be furnished to both the parties free of cost.