Petition for rejection of amendment of pleading

 

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOLKATA UNIT-III

Tramline Building ( 1^st Floor )

18, Judges Court Road, Alipore, Kolkata - 700027

 

 

 

Consumer Case no. CC/281/2021

 

 

In the matter of :

 

Tapas Ghosal, and Others;

                ----Complainants

-      Versus –

Soumen Chakraborty,

                ------Opposite Party

 

Petition for rejection of amendment of pleading under Order VI Rule 17, of the Civil Procedure Code’ 1908;

 

The humble petition of the Opposite Party, above named, most respectfully;

 

Sheweth as under;

 

1.  That the Complainants instituted their Consumer Case under Section 35 of the Consumer Protection Act, 2019, against this opposite party, with a prayer to direct the developer to hand over the ready flat within 3 months from the date of the order, and to refund the entire amount of Rs. 14,70,000/- with 12% simple interest from date of payment till realization, and compensation and litigation cost, etc.

 

2.  That the Opposite Party appeared in the present consumer proceeding instituted by the complainant on receipt of the notice given by the Hon’ble District Commission. The Opposite Party submitted his Written Version being appropriate answer/ reply on the consumer application of the complainants.

 

3.  That on and after submissions of the written version, the present consumer proceeding is fixed for submission of Evidence on Affidavit by the Complainants, which being commencement of trial in the present consumer proceeding before the Hon’ble District Commission.

 

4.  That thereafter the Complainants placed an application for amendment of their pleading in terms of the Schedule given therein, on plea that some important facts were inadvertently omitted in complaint petition, which is not correct and true state of affair, as the same is an endeavour to fulfil their latches on being came into knowledge after submission of the written version by this opposite party.

 

5.  That this Opposite party states and submits that the application for amendment by the complainants is an endeavour to fulfil their latches on being came into knowledge after submission of the written version by this opposite party.

 

6.  That this Opposite party states and submits that the proposed amendment is not in formal in nature and thus the nature and character of the present consumer complaint case shall change in its entirety.

 

7.  That this Opposite party states and submits that the additional facts by way of proposed amendment is not acceptable, specifically when the facts does not accompanied with any document to be ever relied on by the complainants.

 

8.    That this Opposite party states and submits that the deletion of prayer “b” in the petition of consumer complainant, cannot be said to be an amendment by way of deletion of prayer, as the same is not permissible in terms of the provision of Order VI Rule 17 of the Civil Procedure Code’ 1908.

 

 

 

 

9.  That this Opposite party states and submits that the deletion of prayer “b” in the petition of consumer complainant is not an amendment and the same is covered by the provision of Order VI Rule 16 CPC being striking out pleading which is otherwise an abuse of the process of the Court.

 

10.              That this Opposite party states and submits that the complainants added a paragraph in paragraph number 11, which has no significance to determine the real question of controversy.

 

11.              That this Opposite party states and submits that the mentioned amendments shall not be needed to determine the real question of controversy.

 

12.              That the proposed amendment has malafide intention and shall delay the trial of the present consumer proceeding.

 

13.              That if the Hon’ble District Commission all owes the petition of amendment of the Consumer application, the Complainants shall be highly prejudiced.

 

 

Wherefore it is most humbly prayed that your Honour would graciously be pleased to allow the petition for rejection of the amendment of the consumer application in the interest of administration of Justice, and /or to pass such other necessary order or orders as your Honour may deem, fit and proper for the end of Justice.

 

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

 

 

Verification

 

I, Soumen Chakraborty, bein the Opposite Party, made this petition for rejection of amendment placed by the complainants. I am conversant and acquainted with the material facts as stated in the forgoing paragraph of the petition. I verify and sign this on the ____day of ________2023, at the Court Premises.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

 

I, Sri Soumen Chakraborty, Son of Ashoke Chakraborty, aged about _____years, by faith Hindu, by Occupation Business, and Proprietor of M/s. MIK Developer, a proprietorship concern having its office at 90, Santosh Roy Road, James Long Crossing, Kolkata – 700008, do hereby solemnly affirm and declare as follows :

 

1. That I being the Opposite Party in the instant case being filed by the Complainant, and I am well conversant with the facts and circumstances of the said case.

                                This is true to my knowledge.

 

2. That the statements made in paragraphs 1 to __________of my petition are true to the best of my knowledge and belief and the rests are my humble submissions before your Honour’s Commission.

 

 

 

 

D E P O N E N T

 

Identified by me

 

 

Advocate.

Prepared in my Chamber,

 

 

Advocate.

Date : ____________2023.

Place : Alipore, Kolkata.

 

N O T A R Y