Amendment in consumer complaint

Yes. You can amend your petition/complaint so long it did not change the character of the complaint or or cause injustice to the other side. The Act has no provision in this regard. It may oust the jurisdiction of the State Commission but it is their call to grant leave or not. 

Hope this helps.

B S Rao

Dear My learned friend Mr Rao is correct. You should disclose the facts that pecuniary jurisdiction enhanced hence you wants to withdraw the complaint with the permission of Honble Forum and also prayed for limitation. Shyam Ji Srivastava Advocate Kanpur 9839028040

Dear Nitish

Legally, you may be correct in doing so. But I suggest you to think from practical angle. Rupees 60 Lakhs is not a petty amount. If interest amounting to Rs. 60 Lakhs is awarded by the State Commission, the builder would be shaken and would be anxious to settle the matter with you. In case of any eventuality, you have the NC to seek remedy. 

So, the option of approaching the highest authority should not be availed as of now.

Regards,

You can very well amend the complaint with the proposed amendment and in that itself, you can pray that if the court finds the pecuniary jurisdiction is beyond the limits of the honorable commission you may be allowed to withdraw the complaint with the leave of the court to file mafresh with the national commission. This application may be allowed.

Dear Vijay Kumar,

Your advice seems good but we have to take care of Res judicata and O2R2, since cause of action is continous in builder cases, but whether its permisiable to omit an issue on continous cause of action and add issue in later suit that is the question.