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M.G. Fincap Pvt. Ltd. Through Director/AR v/s Green Bay Infrastructure Pvt. Ltd. Through Its Directors

    Consumer Case No. 698 of 2018

    Decided On, 05 August 2021

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. DINESH SINGH
    By, PRESIDING MEMBER & THE HONOURABLE MR. JUSTICE KARUNA NAND BAJPAYEE
    By, MEMBER

    For the Complainant: Aditya Parolia, Nithin Chandran, Advocates. For the Opposite Parties: Ankit Singal, Advocate.



Judgment Text

Taken up through video conferencing.

Heard the learned counsel, and perused the material on record.

1. The chronology of the matter before this Commission is briefly recapitulated.

The complaint was entertained by this Commission on 02.04.2018, it was admitted and notice was ordered to be issued under Section 13(2) of The Consumer Protection Act, 1986 requiring the opposite party to file its written version within 30 days from the date of receipt of the notice.

Then, on 18.03.2019, after about a year, an application was moved by the complainant to make addition in the prayer clause of its complaint. The same was allowed. On the said date, i.e. on 18.03.2019, the pleadings had been completed, the evidence had been filed. Accordingly, the matter was listed for final hearing on 19.03.2020, and the parties were asked to file their respective briefs of written arguments before the said date of hearing.

2. The original prayer clause in the complaint essentially related to delivery of possession of the subject plot along with compensation for delay in delivery and allied reliefs.

Vide the amendment in the prayer clause, allowed on 18.03.2019, both, delivery of possession with compensation for delay in delivery and allied reliefs, as well as refund of the principal amount (i.e. the amount deposited by the complainant with the opposite party) with interest, compensation and allied reliefs, were sought.

That is to say, incongruity and inner-inconsistency was built into the prayer clause, since the two reliefs asked for cannot be taken together, and no distinction was made as to which of the two was the principal relief and which was the alternative relief.

3. Subsequently, on 22.03.2021, having regard to the apparent incongruity and inner-inconsistency in the so amended prayer clause, which sought both possession and refund together, the learned counsel for the complainant was provided time to seek instructions from the complainant as to the maintainability of the complaint in its amended form.

On 16.07.2021, taking reference in the Order dated 22.03.2021, a submission was made by the learned counsel for the complainant that the complainant wishes to seek relief of refund of the principal amount with interest / lumpsum compensation / cost of litigation. It was ordered that the said amendment in the prayer clause of the amended complaint be made within one week.

An interlocutory application no. 5131 of 2021 has now been moved to seek the said amendment in the prayer clause.

As submitted by the learned counsel for the opposite party, a copy of the application has not been provided to him.

An amended complaint, as a single document, complete in itself, with the extant prayer clause contained therein, has not been filed by the complainant.

4. The present position, to which this case has been brought to, now, is that the original complaint is being retained as such, and, after multiple amendments in its prayer clause, the relief now being sought is of refund of the principal amount with interest, lumpsum compensation and cost of litigation, in contrast to the original prayer of delivery of possession with compensation for delay in possession and other allied reliefs.

5. This will necessitate opportunity afresh to the opposite party to file its written version and to thereafter undertake the whole process of filing rejoinder to the fresh written version, filing affidavits of admission / denial of the documents and filing evidence by way of affidavit, the earlier proceedings having become redundant.

6. In other words, the complaint, filed in 2018, has now been brought back to its nascent position, in 2021, with the original complaint being first amended by incorporating an additional prayer in its prayer clause, and then the complaint being again amended by again amending its prayer clause.

And, as already said, the application no. 5131 of 2021, vide which the latest amendment in the prayer clause is being sought to be made, has not been provided to the opposite party. The amendment(s) in the prayer clause have been sought by way of application(s), an amended complaint, as a single document, complete in itself, with the extant amended prayer clause, has not been filed.

7. In our considered view, the matter should be adjudicated in the normal wont, in a straight and smooth manner, without unnecessary confusions or undue complications etc.

8. The instant consumer complaint, in its present form, having been brought back by the complainant to its nascent position, in a disjointed disorderly manner, does not require to be adjudicated de novo in its obtaining position.

9. We feel it appropriate, and albeit necessary, to direct the complainant to file a fresh complaint, as a single document, complete in itself, with whichever prayer it wishes to make, within 60 days from today. In so far as limitation is concerned, the period spent before this Commission from the date of institution of this complaint till today shall not be counted.

10. Accordingly, the con

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sumer complaint no. 698 of 2018 is dismissed and liberty is granted to the complainant to file a fresh complaint, with whichever prayer it wishes to make, within 60 days from today, and it is concomitantly made explicit that the period spent before this Commission in the present complaint shall not be counted towards limitation. 11. The Registry is requested to send a copy each of this Order to all parties in the complaint and to their learned counsel within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.
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