Amend your consumer complaint
Have you inserted wrong claim?or left claim in your consumer complaint, Just remember you cannot claim it in another suit, what option you have?
The amendment of consumer complaint is possible and is governed by principles inscribed in O6 R17, The principles are described herein under-:4
The amendment of the consumer complaint should be allowed unless and until-:
1. It prejudices the rights of other party which cannot be compensated with costs.
2. That a time barred thing is added in the claim/relief.
3.That it changes the nature of the suit.
4. A completely new cause of action is added.
The amendment ofconsumer complaintis seldom used and that is why many of the relief/ claim are awarded partially. Now main problem with amendment of relief/ compensation is that it may cross pecuniary jurisdiction. In a recent judgement NCDRC held that the pecuniary jurisdiction of the consumer courts is decided on the basis of what is claimed rather than what has been awarded. So if your principal and interest together becomes more than the pecuniary jurisdiction of the fora. Its better to approach higher fora.
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
