Before the
Hon’ble District Consumer Disputes Redressal Commission
South 24
Parganas
Baruipur,
Kolkata – 700144
Consumer Complaint No. 186 of 2019
In
the matter of ;
Pintu
Chakraborty,
________Complainant
-
Versus –
Authority Concern/ Directors of Tata Motors Finance
Limited, and Others,
__________Opposite
Parties
Written Objection of the
O.P. No. 1 to the application for amendment
The humble petition of the above named O.P. No. 1,
Authority Concern/ Directors of Tata Motors Finance Limited, most respectfully;
Showeth as under;
1. That the application for amendment of the Consumer
Complaint placed by the Complainant is not in any prescribed form and therefore
the same cannot be entertain by the Hon’ble Commission.
2. That the said application for amendment of the
Consumer Complaint placed by the Complainant has not been given any schedule
for amendment and therefore the same cannot be entertain by the Hon’ble
Commission.
3. That Since all the Opposite Parties appeared in the
present Consumer Complaint and contested by filling their respective Written
Version, the change of address by the complainant is not desirable at all, more
particularly while the Consumer Complaint reached its recourses into Trial of
the Consumer Proceeding.
4. That the Provisions of Section 12 of the Consumer
Protection Act’ 1986, states as follows;
12.
Manner in which complaint shall be made.—
(1)A complaint in relation to any goods sold or delivered or
agreed to be sold or delivered or any service provided or agreed to be provided
may be filed with a District Forum by—
(a)the consumer to whom such goods are sold or delivered or
agreed to be sold or delivered or such service provided or agreed to be
provided;
(b)any recognised consumer association whether the consumer to
whom the goods sold or delivered or agreed to be sold or delivered or service
provided or agreed to be provided is a member of such association or not;
(c)one or more consumers, where there are numerous consumers
having the same interest, with the permission of the District Forum, on behalf
of, or for the benefit of, all consumers so interested; or
(d)the Central or the State Government, as the case may be,
either in its individual capacity or as a representative of interests of the
consumers in general.
(2)Every complaint filed under sub-section (1) shall be
accompanied with such amount of fee and payable in such manner as may be
prescribed.
(3)On receipt of a complaint made under sub-section (1), the
District Forum may, by order, allow the complaint to be proceeded with or
rejected:
Provided that a complaint shall not
be rejected under this sub-section unless an opportunity of being heard has
been given to the complainant:
Provided further that the
admissibility of the complaint shall ordinarily be decided within twenty-one
days from the date on which the complaint was received.
(4)Where a complaint is allowed to be proceeded with under
sub-section (3), the District Forum may proceed with the complaint in the
manner provided under this Act:
Provided that where a complaint has
been admitted by the District Forum, it shall not be transferred to any other
court or tribunal or any authority set up by or under any other law for the
time being in force.
Explanation.— For the purposes of
this section, “recognised consumer association” means any voluntary consumer
association registered under the Companies Act, 1956 (1 of 1956) or any other
law for the time being in force.
5. That therefore while the present consumer complaint
has been admitted to proceed for the adjudication on the given facts and
details, and more particularly, while the O.P’s, appeared on the notice and
placed their respective Written Version pursuing their reply to contest the
Consumer Complaint, any change in address is not desirable at all or
necessitated in any event. However no reasoning has ever been cited or given by
the Complainant in his said purported petition for amendment. Therefore, the
petition for amendment would be dismissed inlimnie.
6. That the Complainant stated in his petition of
amendment as “Your Petitioner amending the Litigation Cost of Rs. 1,00,000/-
(One Lakh) in place of Rs. 10,000/- (Ten Thousand) for the prolong procedure
and harassment by the Opposite Parties in the prayer portion of complaint
petition”, if there is so, then the question certainly arise about the
confidence of the complainant that without the order of amendment by this
Hon’ble Commission, he is amending at his own whims and may be in belief that
whatever he placed before the Hon’ble Commission, the same may be allowed,
which clearly cited his purposive approaches in placing his purported amendment
petition by amending every wishes of his, must be strike down with exemplary
cost.
7. That the Complainant further stated about his wishes
of amendment for a sum of Rs. 1,00,000/- (One Lakh) in the prayer portion of
the Complaint Petition as a punitive damages, which pertinently cause undue
prejudice to the Opposite Parties and fundamentally alter the nature of the
present Consumer Complaint, therefore the same would be denied and dismissed inlimnie.
8. That an amendment cannot introduce a claim for
punitive damages, if the Original Complaint did not include such prayer.
9. That in the given circumstances, it is desirable to
refuse the prayer made in the petition of amendment of consumer complaint
placed by the Complainant, in the interest of administration of Justice.
10.
That this application is made bonafide and in the interest of administration
of Justice.
It is
therefore prayed that your Honour would graciously be pleased to accept the
Written Objection of the O.P. No. 1, and to dismissed the amendment petition of
the complainant, 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.
AFFIDAVIT
!, Prithijit Das, Son of Nirmalendu Das, aged about 40
years, working for gain as Zonal Legal Head, at M/s. Tata Motors Finance
Limited having its Office at Wing A, 6th Floor, Rene Tower, Plot
AA-1, 1842, Rajdanga Main Road, Kolkata – 700107, Police Station – Kasba,
District – South 24 Parganas, do hereby solemnly affirm and says as follws;
1. That I am the authorized signatory of the O.P. no. 1,
and as such I am well acquainted with the facts and circumstances of the
present Consumer Complaint, which derived from the records maintained by the
O.P. no. 1, M/s. Tata Motors Finance Limited. I am competent to swear this
affidavit.
2. That the statements made in the paragraph no. _____to
_____, are true to as per records maintained by the O.P. no. 1, and the rests
are my humble submissions before the Hon’ble Commission.
The statements are true to my knowledge and belief.
DEPONENT
Identified by me,
Advocate
Prepared in my Chamber;
Advocate
Date : 17th April’ 2025
Place : Baruipur
N O T A R Y
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