Amendment in consumer complaint
Nitish Banka
(Querist) 23 April 2015
This query is : Resolved
Dear Experts,
consumer complaint is pending before state commission filed in may 2014, reply from OP awaited, in that Consumer complaint the builder has delayed possession of apartment therefore only interest part till may 2014 i.e sixty lakhs is claimed.
Now in may 2015 we want to claim principle and interest both which is above 1 CR ousting state commission jurisdiction can we move an amendment application? such that state commission give us leave to withdraw the complaint and file it in national commission where we can claim both principal and interest. Please advice?
Devajyoti Barman
(Expert) 24 April 2015
Yes, amendment of consumer complaint is permissible.
R.K Nanda
(Expert) 24 April 2015
file application for amendment in court.
Dalip Singh
(Expert) 24 April 2015
If you file application for amendment, the complaint would exceed the jurisdiction of State Commission. It is advised to withdraw the present complaint with the permission to file fresh complaint in the NC.
Advocate Bhartesh goyal
(Expert) 24 April 2015
Complaint can be amended file application for the same and then move application for withdrawal of complaint with liberty to file fresh complaint before National Commission.
Dr J C Vashista
(Expert) 25 April 2015
Well advised by experts, I agree. The pecuniary jurisdiction of State Commission is 1 crore and beyond that you will have to file before NCDRC, Upbhogta Bhawan, INA, New Delhi.
Withdraw earlier complaint from SCDRC with liberty and file afresh before NCDRC as advised.
Nitish Banka
(Querist) 26 April 2015
I sincerely thanks my senior advocates for their help and support.
