Delhi

StateCommission

RP/65/2019

SAROJ HOSPITAL AND HEART INSTITUTE - Complainant(s)

Versus

SURESH KUMAR & ANR. - Opp.Party(s)

S.C. RAJPAL

21 Jan 2020

ORDER

 IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

 

First Appeal No.65/2019

(Arising out of the order dated 06.05.2019 passed in Complaint Case No.1005/2014 by the District Consumer Disputes Redressal Forum (North West), Shalimar Bagh, Delhi)

 

 

Saroj Hospital & Heart Institute                                          … Petitioner

 

 

Versus

 

Suresh Kumar & Anr.                                                   … Respondents

 

 

BEFORE:

Ms. Salma Noor, Presiding Member

 

For the Petitioner :	Mr. Harvib Singh, Counsel for Petitioner.
For the Respondent	Mr. Varun Rajpal, Counsel for Respondent.

 

Dated: 21^st January, 2020

 

ORDER

 

Ms. Salma Noor, Presiding Member

 

                 By way of this revision petition prayer is made for recalling of the order dated 06.05.2019 passed by the Consumer Disputes Redressal Forum (North West), Delhi in CC No.1005/2014.

                 Alongwith the petition there is application for condonation of delay in filing the present petition. I have perused the record, the order was passed on 06.05.2019 and certified copy of the order was received by the petitioner on 07.08.2019. The petition is filed on 22.08.2019 as such there is no delay in filing the present petition. Accordingly, application stands disposed of.

                 With the consent of parties, arguments heard on the petition.

                 By way of present revision petition, petitioner/OP has prayed for setting aside the order dated 06.05.2019. It is stated that vide the aforesaid order, Ld. District Forum had only directed the respondent/complainant to file amended memo of parties and did not give any direction to respondent No.1/complainant to file the amended complaint, however, the respondent No.1/complainant malafidely filed an amended complaint amending the amount of compensation.  It is stated that without filing any application seeking amendment in the complaint, respondent No.1/complainant has filed amended complaint.

                 I do not think that a party has a right to amend a previous pleading without the permission of the Court and the said pleading cannot be looked into, therefore, as Respondent No.1/complainant has filed the amended complaint without direction of Ld. District Forum, Ld. District Forum shall not consider the same. However, respondent No.1/complainant shall be at liberty to move appropriate application seeking amendment in the complaint.

                 In view of the reasons stated above, I accept the present petition, set aside the impugned order.

                 Parties are directed to appear before the District Forum on 29.04.2020. Thereafter, District Forum shall proceed in the matter in accordance with law.

                 File be consigned to Record Room.

 

 

(Salma Noor)

Presiding Member

Tri