Ashok Thapar Vs.
Supreme Indosaigon Associates  INSC 1019 (11 May 2009)
JURISDICTION CIVIL APPEAL NO.4152 OF 2008 Ashok Thapar ...Appellant(s) Versus
Supreme Indosaigon Associates and Anr. ...Respondent(s)
O R D E R
Heard learned counsel
appearing on behalf of the appellant.
In spite of service
of notice, nobody has entered appearance on behalf of the respondents to
contest the prayer made in this appeal.
By the impugned
order, the National Consumer Disputes Redressal Commission [for short "the
National Commission"], after declining the appellant's prayer for
permission to file a petition for amendment of the complaint, proceeded to
dismiss the same. In our view, in the facts and circumstances of the case, the
National Commission should have, instead of dismissing the complaint at the
admission stage, granted time to the appellant to file a petition for amendment
of the complaint.
appeal is allowed, impugned order is set aside and the matter is remitted to
the National Commission, which shall now give opportunity to the appellant to
file a petition for amendment of the complaint and, thereafter, proceed to
decide the same in accordance with law.