Kitchen Studio vs Ali Asgar

C. Viswanath, J

The present Revision Petition is filed by the Petitioner under Section 21(b) of the Consumer Protection Act, 1986 against Order passed by the State Consumer Disputes Redressal Commission, Chhattisgarh (hereinafter referred to as the "State Commission") in Appeal No. 589/2018 dated 29.10.2018.

In the Complaint Case, it is the case of the Respondent/Complainant that he purchased a flat in which Petitioner/Opposite Party was contacted to design modular kitchen. It was agreed between both the parties, that the Petitioner would complete the work within 35 to 40 days of receiving advance amount as per terms and conditions dated 21.05.2017. Despite repeated requests the work was not completed. Hence, the Complaint was filed.

The District Forum, vide order dated 09.04.2018, allowed the application for amendment of para-3 of the Complaint.

Aggrieved of the order passed by the District Forum, the Petitioner filed an Appeal before the State Commission. State Commission, vide order dated 29.10.2018, dismissed the Appeal of the Petitioner on the ground that the District Forum had not committed any mistake of law, in allowing the application for the incorporation of the amendment in the Complaint.

Aggrieved by the order passed by the State Commission, the Petitioner filed Revision Petition before this Commission.

Heard the Learned Counsel for the Petitioner. We have also carefully gone through the evidence placed on record.

The Petitioner submitted before this Commission that the original Complaint filed before the District Forum was opposed by the Petitioner on the ground that it was commercial in nature and therefore, not maintainable before the District Forum. However, this Complaint was later changed and the change was allowed by the District Forum.The Petitioner opposed this change arguing that the change was because it was pointed out that the original Complaint was deficient.

In our opinion, the Consumer Protection Act, 1986 is of summary nature and not a civil court. Thus, under the said Act, the Complainant had a right to add or amend the Complaint.This right of Complainant cannot be curtailed. We do not find any error or mistake in the order passed by the State Commission.

In view of the above, the Revision Petition is dismissed and orders passed by the State Commission are confirmed. The matter is remanded back to the District Forum for proceeding further in the matter.

Parties are directed to appear before the District Forum on 24.07.2019 for further directions.