I filed a consumer complaint (CC) before a District Forum (DF) at A. The Opposite Party (OP) filed its version. Simultaneously the OP also filed a CMP challenging the territorial jurisdiction of the DF. The DF allowed the CMP and returned the CC to me for presenting it before the appropriate forum.
I presented the CC before the appropriate forum at B and had to pay the institution fee of `.200 a second time. The OP has filed a fresh version at B totally different from the one filed at A earlier. This version has been filed long after the expiry of the statutory period of 45 days as stipulated under section 13 (2) (a) of the C.P. Act. As such the provisions of section 13 (2) (b) (i) are attracted.
Before the revised version was filed by the OP, I filed a petition for amendment of the CC to claim punitive damages besides the compensation already claimed in the original CC. Since this petition was defective (not in an affidavit format), the Forum expressed its inability to accept it. I had to withdraw it.
Now the Forum has fixed a date for filing of affidavit to lead evidence. I propose to challenge the right of the OP to file its version much beyond the statutory limit of 45 days and to pray for rejection of the version of the OP and not to take it on record. At the same time, I propose to file a petition once again seeking amendment of the CC to seek punitive damages and enhancement of the compensation. The Forum has already orally permitted me to do that. I seek advice on the following issues:
1. The chances of the District Forum acceding to my request not to take the OP’s version on record and to reject it? I think the decision of the Supreme Court in two cases will support me:
i) Kailash Vs. Nanhku & others – (2005) 4 SCC 480;
ii) Dr. J.J. Merchant & others Vs. Shrinath Chaturvedi – (2002) 6 SCC 635,
2. In the event the Forum accepts my contention and does not take the OP’s version on record and takes ex parte proceedings and in the event my (proposed) petition for amendment of the CC is allowed, will the OP get another opportunity to file its version in reply to the amended CC? The proposed amendment relates to “Prayer and Reliefs sought” and does not add any new ground in the main CC.
3 How can the OP file an utterly different version, different from the one filed at A? Is it permissible?
4. Can I claim refund of the institution fee of `.200 I have paid twice – once at A and a second time at place B and, if so, to whom I should apply and under what provision?
I shall greatly appreciate advice from our learned friends. Thank everyone of our legal fraternity.
Raj