“…………No doubt, there is
no specific provision under the Consumer Protection Act, 1986, conferring the power on the Consumer Fora, to allow amendment,
in the pleadings, yet, under Section 13 (3B) of the same (Consumer Protection Act, 1986), it (Consumer Fora) can pass any interim order, which is
necessary for the just decision of case. In Madan Lal Arora Vs. Dharampal Ji,
M.D.H. and Ors., 2012 (3) CPC 627, it was observed by the National Consumer
Disputes Redressal Commission, New Delhi, that the paramount duty of the
Consumer Fora is to impart justice. The crux of the matter is to ferret out the
truth. It was further observed that justice is not to be taken by storm, but to
be wooed by short advances. Under these circumstances, even in the absence of
specific provision, contained in the Consumer Protection Act, 1986, conferring the powers on the Consumer Fora, for ordering
amendment of the pleadings, it (Consumer Fora) can order the same, in case, it
finds that it is essential for just decision of the case.
However, at the time of
allowing or refusing the application for amendment, the Consumer Commission, is
required to see, as to whether, the amendment sought for, is essential for the
just decision of case or not. If the Consumer Fora comes to the conclusion,
that amendment sought for, in the pleadings is essential for the just decision
of the case, then no technicality can stand in its way, to deny the same…………..”
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