IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE 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.

Accordingly,  the 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.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, May 11, 2009.