This is a hyper technical defect and a defense which will most likely be turned down by NCDRC.

The consumer protection act is a consumer centric enactment and cannot be read in a manner so as to cause detriment to the consumers.

Having said the above, if the court permits you to add the name of your wife in the array of Complainant, you will be free to add her name.

You can put an application for impleading necessary party before the commission. The comission shall decide the application and allow you to add as you wife as party.

Make application for amendment of complaint to add wife as party

2) application for amendment would be granted by court

Hi,

The name of complainant can be added later also and it does not change the nature of the suit.

The mistake can be rectified or corrected. You can file an impleading application U/o 1 Rule 10 asking the court to permit you to include the name of your wife as the Second Complainant as she was also a joint purchaser of the said property.

In fact you can file a memo and seek this inclusion. The court is bound to allow this inclusion.

Court cannot dismiss the complaint on this ground. However if you do not include her name, court can observe in the Judgement that she should have been made a necessary party.

1. File a consent letter from your Wife, authorising you to represent the matter on her behalf too. The court would not be able to refuse this.

Keep Smiling .... Hemant Agarwal

Dear Sir,

You can implead your wife now as additional party. The following provision helps you and following judgment is also helpful to you to some extent. For any clarification or doubt please call me through this website, immediately. I am available.

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10. Suit in name of wrong plaintiff.- (1) Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the court may at any stage of the suit, if satisfied that the Suit has been instituted through a bone fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as the court thinks just.

(2) Court may strike out or add parties—The court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added.

(3) No person shall be added as a plaintiff suing without a next friend or as the next friend of a plaintiff under any disability without his consent.

(4) Where defendant added, plaint to be amended—Where a defendant is added, the plaint shall, unless the court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if the court thinks fit, on the original defendant.

(5) Subject to the provisions of the Indian Limitation Act, 1877 (15 of 1877), section 22, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons.

HIGH COURT AMENDMENT

KARNATAKA.—In Order I, Rule 10, add the following as sub-rule (6):

“(6) The Court may on the application of any party and after notice to the other parties affected by the application and on such terms and conditions as it may impose transpose a plaintiff to the position of a defendant or subject to the provision of sub-rule (3), a defendant to the position of a plaintiff. “(30.3.1967).

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The Supreme Court, in Pankajbhai Rameshbhai Zalavadia vs Jethabhai Kalabhai Zalavadiya (Deceased) through LRs & Ors, has held that there is no bar for filing the application under Order 1 Rule 10, even when the application under Order 22 Rule 4 of the CPC was dismissed as not maintainable....

1. You can submit a supplementary affidavit praying for adding your wife also as the co-applicant in the said case.

2. The case can not be rejected for your wife's not being a party to the case since your prayer is for registration and you can severally pray for direction upon the builder to register the sale deed.

Dear sir

File an impleading application to add your wife in the case.

Feel free to reach out us for the assistance.

One of you can file the case as you both are consumers. You can still amend the compliant and include her as complainant if court directs.

Even if you advance the matter the matter will be posted on the hearing date. Hence need not need to worry much. That will not take much a time to allow.

Feel free to reach us.

1. As explained in my earlier post, your complaint is for not giving you the possession of the flat jointly purchased by you along with your wife. So, not including your wife's name as the co-applicant does not restrain you in seeking direction from the Court upon the builder to give you possession of the said joint property. The Commission will not dismiss your petition for the stated reason of not including your wife's name as the co-petitioner in the said case.

2.You can file a supplementary affidavit praying for inclusion of your wife's name as the co-application of the said complaint case as suggested in my earlier post.

Court will not dismiss your case

2) application fir amendment would be allowed

1)Yes will allow kindly put the application.

2) you can make can application.court.will decide on the said application on hearing date decided.

Dear Sir,

My answers are as follows:

1) The court will not dismiss my case just for this reason that my wife name was not included and may allow me to add her name if the court feels so?

Ans: Yes, definitely.

2) And I can add her name during the next upcoming hearing itself and don't need a separate hearing for this? My objective is to not to delay the proceedings just to add name

Ans: Yes, you have just submit an Interim Application supported by an Affidavit narrating the facts, the grounds for delay, and the need for her presence in the proceedings etc.,

Hi,

You are on right track. You need to file an application for seeking permission to add the name of complainant. Please file the application minimum 02 days before the hearing of the case. Also send an advance copy to the respondent.

You can file a petition seeking to amend the petition and also to implead another buyer as a necessary party owing to the objection by the opposite party's preliminary objection.

You can file a petition immediately.

1. Your understanding is right.

2. Yes you can seek permission of court for this in the next hearing by filing a petition, the opposite party may file it's counter after which the court may permit you to amend the cause title of the complaint.

You may move an application for impleadment of your wife as a party to the suit. The petition will not be dismissed on this ground

Regards

1. The court will in all probabilities allow you to add her name in the array of the parties.

2. Ask your lawyer to prepare an application, the same will be allowed on the next date itself.

Regards

1. No, the Court will not dismiss the complaint.

2/. If the Court permits you, you can add her name in the upcoming hearing.

1 no

2. Yes.