State Consumer Disputes Redressal Commission
United India Insurance Co. Ltd. vs Ajay Pal Singh on 3 December, 2010
CHHATTISGARH STATE
CONSUMER DISPUTES REDRESSAL COMMISSION,
PANDRI, RAIPUR (C.G)
Misc.(Revision) No.72/2010
Instituted on : 23/10/2010
(1) United India Insurance Company Limited.
Through : Divisional Manager, Divisional Office,
Krishna Complex, Kutchery Chowk,
Raipur (C.G)
(2) United India Insurance Company Limited.
Through : Branch Manager, Branch Office,
Anupama Chowk,
Jagdalpur, District Baster (C.G) .... Petitioners.
Vs.
Ajay Pal Singh, S/o Shri Bhupendra Singh,
Ram Nagar Para, Baila Bazar Para,
Near Krishna Petrol Pump,
Post & Tehsil Jagdalpur, Dist. Baster (C.G) ..... Respondent.
PRESENT :
HON'BLE JUSTICE SHRI S.C. VYAS, PRESIDENT
HON'BLE SMT. VEENA MISRA, MEMBER
HON'BLE SHRI V.K. PATIL, MEMBER
COUNSEL FOR THE PARTIES :
Shri P.K. Paul, for Petitioners.
Shri T.S. Seth, for respondent.
ORDER (ORAL)
DATED : 03/12/2010 PER : HON'BLE JUSTICE SHRI S.C. VYAS, PRESIDENT. This is an application for Revision, preferred by the O.Ps challenging legality, validity and propriety of order dated 11/10/2010 passed by District Consumer Disputes Redressal Forum, Baster at Jagdalpur (hereinafter called "District Forum" for short), in Complaint Case No.111/2009, whereby the application, filed by the // 2 // Petitioners, who were O.Ps before the District Forum, under Order 6 Rule 17 of the CPC, has been dismissed on the ground that provisions of Order 6 Rule 17 of the CPC, are not applicable in the consumer cases.
2. We have heard the arguments of both parties and perused the record of the case.
3. So far as legal aspect is concerned, we do not find that the opinion of the District Forum in this regard, was appropriate or legal that the complaint or written version, filed before the District Forum, can not be amended. In fact complaints and written versions are not plaint and a written statement in the strict sense, as per the provisions of Code of Civil Procedure. The complaint is merely an application to initiate proceedings under Consumer Protection Act, 1986 and written version simply contains the grounds of defence of the O.P. Here parties are also not strictly termed as plaintiff and defendant, but simply termed as complainant and O.Ps. In view of all these, when the rules of pleading, are not applicable in strict sense, then in appropriate cases, parties can always be permitted to amend their version, which are in the form of complaint and written version and there is no legal impediment for considering such application for amendment in complaint or written version. Therefore, the opinion of the District Forum, in this regard, does not appear lawful and proper.
// 3 //
4. So far as facts of the case are concerned, it appears that the O.Ps have already raised appropriate defence in paragraph no.2 of written version by saying that the load of the Tendupatta in the vehicle was above the prescribed height, contrary to the rules and the incident happened on account of negligence of the complainant. This much pleading was sufficient. The O.Ps simply wanted to add that on the basis of report of investigation, exact height upto which the Tendupatta, was loaded in the vehicle, was determined and what is the permissible height in such vehicle. The report of Investigator is a matter of evidence and evidence is not required to be pleaded. Similarly, if there are certain rules in respect of the height upto which things can be loaded in the vehicle, then such rule can be shown during arguments and such arguments are not required to be pleaded. Thus, the proposed amendment was not necessary, which contains the matter of evidence and arguments.
5. In view of the aforesaid, the District Forum has not committed any mistake in disallowing the application of the O.Ps for amendment filed under Order 6 Rule 17 of the CPC on facts, but on legal aspect it suffers infirmity, which has been clarified here-in-above. With the aforesaid observation, the Revision Petition is dismissed.
(Justice S.C.Vyas) (Smt. Veena Misra) (V.K. Patil)
President Member Member
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