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District consumer disputes redressal forum
Nadia
170,don bosco road, austin memorial building.
Nadia, krishnagar
 
Complaint case no. cc/50/2016
 
Raju goswami
Vs.	
Moutusi dutta and others
 
Before:	 
 	hon'ble mrs. nabanita kar presiding member
 	hon'ble mr. narayan chandra chatterjee member
 
For the complainant:
For the opp. party:
Dated : 23 jul 2018
Order
Complainant files hazira along with a petition praying for amendment of the complainant. hd. the prayer is allowed. complainant is directed to file amended plaint. office is directed to expunge the name of ops 2 and 3. complainant also files bna. the bna be kept with the record.

To 30-08-18 for s/r, app and w/v. by the op. complainant is directed to file requisites at once. 

 
 1. i am op no 1 ( moutushi dutta ). please help me to understand the status of the case in a simple way. 
2. what is "amendment of complainant" ?
3. what is bna ?
4. "to 30-08-18 for s/r, app and w/v. by the op. complainant is directed to file requisites at once." - is it something to do from my side ?
Asked 1 year ago in Civil Law from Kolkata, West Bengal

1) There can be a situation where there is change of circumstances in the course of pendency of a proceeding and if a matter in issue arises upon such change of circumstance, then amendment becomes necessary.

2) in your case court has permitted complainant to amend the complaint filed by him

3)amendments are to be carried out by 30/8

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

1. The forum has ordered that the names of respondents no.2 and 3 from the complaint.

2. Amendment of complaint means to amend the complaint to add more facts or claim reliefs which were not claimed in the original complaint or implead more parties as defendants.

3. Only a local counsel can tell what is BNA.

4. Complainant has been directed to file the amended complaint by 30.8.18 and its copies.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

1) We need to read what is order passed against you exactly than only can be explained to you in details.

2) What is "amendment of complainant"?

Amended complaint is a revision of the original complaint, previously filed by the plaintiff. When a party to a suit or complaint, makes a modification in the original complaint then the party is said to have amended the complaint. The amendment must be made in writing.

3) What is bna?

BNA is "Brief Notes of Argument" It is done before the initiation of verbal argument.

4) to 30-08-18 for s/r, app and w/v. by the op. complainant is directed to file requisites at once." - is it something to do from my side ?

If you go for appeal by Opp then complainant is directed to file requisites at once

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

Please arrange all the documents copies from the consumer forum and then ask a specific question. change in plaint is allowed on the request plaintiff

Vimlesh Prasad Mishra
Advocate, Lucknow
5485 Answers
17 Consultations

4.9 on 5.0

1. it means that the complainant has bought some few facts in his original petition and after making those changes he would file a fresh petition containing the additional facts.

2. Once he does you are entitled to counter the additional facts by filing your additional written version.

3. BNA means brief notes of argument.

4. No, the complainant will take steps on this.

For better handling your case engage an advocate.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

1. The complainant here :Raju Goswami has attended the date of hearing and prayed for adding facts or modifying facts of the complaint and the prayer has been accepted. So the status is still in pre-hearing stage.

2. The complainant(Raju Goswami) has been asked to file the modified complaint. That means, he can modify and add facts to the initial complain he had made before the forum.

3. BNA is Brief notes of Argument and is filed before the forum on record about what the complainant intends to say or demand in his words prior to the hearing. The complainant can use this in case the judgement is passed against his favour.

4. The last part is for the complainant to file the required documents by 30-08-18 for record and doesn't ask for your actions. But you can file your response before this date to gain some advantage in the case.

Aniruddha Chakraborty
Advocate, Hyderabad
17 Answers

5.0 on 5.0

can u post the detail of case

Mohammed Mujeeb
Advocate, Hyderabad
10127 Answers
3 Consultations

4.5 on 5.0

1. Simple is that complainant amendment application is allowed.

2. Amendment to complaint is changes and addition in the complaint originally filed by the complainant before the forum.

3. Arguments in brief before oral arguments,

4. No you donot have to do anything the complainant will file amendment and arguments and serve you with the copy.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

1. Complainant has amended the complaint by way of an amendment and file an altogether fresh and amended complaint.

2. Complainant has modies his complaint.

3. Ask the Court clrek for this. Looks to be a local practise.

4. Yes, I think you have been given time to submit your writeen statement.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

1. The case is pending.

2. He has removed the name of other two opposite parties by means of an application, amendment means the change in the complaint that he has made.

4. Yes, you have to file reply before 30.08.2018. next date of case is 30.08.2018

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

1. The complainant is going to amend the Petition and it appears that he is going to expunge the names of O.p. No. 2 & 3.

2. The complainant has filed a petition praying for the said amendment a copy of which must have been served upon you from where you were to understand what amendment the complainant is proposing to make in his amended petition.

3. BNA means Brief notes of Arguments.

4. You shall have to file Written Version (W/V) i.e. Written Reply to the Complaint filed against you.

Krishna Kishore Ganguly
Advocate, Kolkata
22508 Answers
594 Consultations

5.0 on 5.0

Without knowing the facts or details or background of the case it will not be possible to render proper guidance in this context.

You may clarify the local technical jargon from your advocate or from the court itself directly.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

If complainant wants to amend case you would ha ve opportunity to file supplementary written statement

2) case would not be transferred to criminal court

3) make application for setting aside exparte order file your reply if court permits you to do so

4) change your Lawyer

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

1. If none of the opposite parties appear in the case then there is no hindrance to proceed to give final decision hearing the complainant only.

2. Yes , you can appear and apply to contest the case by filing your WV.

3. Anyway now appear in person and conduct the case in person as well.

4.Do not wait for final decision. Appear in this case and if you do , you will get an opportunity to contest the case.

5. Forget these issues. on the coming date file your WV, you will an opportunity to contest the case on merit.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

1. It can be heard if other parties to the complaint failed to file there reply or appear before the forum.

2. Since you are exparte then in that case from order of state forum you have to appeal in national forum and first get that exparte order set aside then reply can be filed by you.

3. Take that contention before national tribunal and pray before forum to open your right to file WV and set aside the exparte order.

4. Approach national forum against order in exparte given by state forum. Further yes you can appeal.

5. Do as suggest above approach the National forum get that order set aside. You will be allowed with a little cost there are lot of judgements in your favour on this.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

1. Things are not clear from your query. What was prayer before the State Commission?Was it for vacating the ex-parte order passed by the District Forum? What ground was shown by the State Commission for rejecting your aid petition? In the instant case the case stands to be finally filed against you as the O.P.No.1 who h not filed the WV.

2. You should file an application before the District Forum praying or vacating the ex-parte order citing valid ground and on getting the order vacating the ex-parte order you shold submit the WV.

3. You, either directly or through your Advocate, is required to submit the WV and not just few papers.

4. What ground was shown for rejecting your petition for vacating the ex-parte order by the Forum and also the Commission? You shall have to address the said grounds to refile the said application praying for vacating he ex-parte order.

5. You were directed to submit your WV which you have not. Now refile the application for vacating the ex-parte order to file the WV. If it is rejected, challenge the order before the Commission addressing the grounds based on which you said application has been rejected.

Krishna Kishore Ganguly
Advocate, Kolkata
22508 Answers
594 Consultations

5.0 on 5.0

1. If you have been set exparte by the court, then you may have to file a petition to set aside the exparte orders against you or else the court will decide the case in favor of the complainant without hearing you.

2. Along with the petition to set aside the exparte order, you may have to file the written statement and this may be submitted before the court either on the date of next hearing or can be filed in the registry before that also.

3. Mere submitting papers will not suffice the requirement, you are required to file your written statement, hence you have been set exparte for not filing the same on time.

4. You need not approach state forum for setting aside the lower court exparte order, you can approach the state forum if the lower court dismisses your application seeking to set aside the exparte order.

5. Just attending the court will not be sufficient, you may have to file the written statement and express your objections through that.

You cannot blame the court for your non-performance.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

1. Yes it can be head ex parte but nnot without any opponent.

2. There is no point of submitting your version since the case is proceeding ex parte against you.

3. If the order is passed against you then you may challenge the same before the higher court being the effected party.

Regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

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