P K KOCHU Vs. C I EDISON

JUDGEMENT

(1.) This petition is by the appellant/complainant in O. P.57/1998 on the file of the Consumer Disputes Redressal Forum, Thrissur. By this amendment the appellant seeks to amend the figure mentioned in the relief coloumn of the complaint. According to the petitioner, as a result of inadvertent mistake instead of mentioning Rs.17,475/- the complainant mentioned of Rs.12,475/- in the relief coloumn. Therefore, according to the petitioner, the bid amount being Rs.14,475/- to which the complainant who is the subscriber is eligible on pricing the Kuri, has to be incorporated in the relief portion on deleting Rs.12,475/-. According to the petitioner in the interest of justice it is necessary that he is allowed to amend the relief portion in the complaint as stated above. The respondent, opposite party has filed his objection. In the objection the respondent opposite party seeks to maintain that the correct amount to which the complainant in eligible is only 12,475/- and not 17,475/- as contended by the petitioner. It is also urged by the learned Counsel for the respondent, that the petition is belated as the complainant had opportunity to amend the complaint and that the amendment sought is such that it would change the character of the complaint.

(2.) In appropriate cases Court has got jurisdiction to allow amendment even in the appellated stage. The main question to be considered is, whether the amendment, if allowed would alter the character of the suit. It is not disputed that the complaint is one for the bid amount in a Kuri in which the complainant was the subscriber. The said character of the complaint will continue to be the same inspite of the amendment the said character will not be changed simply because the amount due is altered. Therefore, the said contention cannot stand. The other question is, as to what is the actual amount due to the complainant. That is not a matter to be gone into in a petition for amendment. If the amendment is allowed, naturally the amended complaint has to be posted for additional version of the opposite party in which the version of the opposite party will be free to take up his defence and then the Forum will have to go into the merit of the rival contentions. All that to be noted is, with due regard to the nature of the amendment now sought, we are of the view, that the amendment, in the circumstance, has to be allowed. The petition is, therefore, allowed.