Pleadings: Amendment of plaint/complaint – Whether the pleading in the nature of a plaint in a civil suit or a complaint before the consumer forum should be amended is a matter for the plaintiff or, as the case may be, the complainant to determine – The party which moves the forum is dominus litis and is entitled to decide whether or not to amend the pleading or to pursue the complaint, as it stands – Consumer Protection Act 1986.
Consumer Protection Act 1986: s.13(1) – Insured-appellant filed complaint against insurer-respondent alleging that the insurer failed to settle the insurance claim of the insured arising out of storms which damaged the solar power plants of the insured – Insurer did not file written statement within the time stipulated by s.13(1) of the Act – Insurer filed IA seeking dismissal of claim – No reference was made in the IA to the repudiation of contract – On the same day, insurer issued a letter repudiating the claim of the insured – In the meantime, insured filed IA seeking final survey report – National Commission disposed of IAs and directed the insured to file amended complaint and granted opportunity to the insurer to file a written statement – Challenge against – Held: It was for the insured to decide as to whether the complaint should be amended or whether it would pursue the option of proceeding with the pleadings as they stand – Insured could not have been directed to amend the complaint to challenge the repudiation of the contract of insurance – Insured stated that it did not wish to do so – In view thereof, it cannot be compelled to amend the complaint.
Disposing of the appeals, the Court
HELD : 1. The complaint filed by the appellant, as it stands, requires the insurer to settle the claim and to make payment. INSURANCE COMPANY LTD.
The insurer repudiated the claim. There is merit in the contention for the appellant that the appellant cannot be compelled to amend the complaint. Whether the pleading in the nature of a plaint in a civil suit or a complaint before the consumer forum should be amended is a matter for the plaintiff or, as the case may be, the complainant to determine. The party which moves the forum is dominus litis and is entitled to decide whether or not to amend the pleading or to pursue the complaint, as it stands. It is the contention of the appellant that the relief which has been sought in the complaint is not only for the settlement of the complaint, but also, in addition for the payment of the amount due and hence, the complaint has not been rendered infructuous. According to the appellant, the belated repudiation of the claim beyond a reasonable period has no consequence. [Para 9][582-H; 583-A-C]
2. In the situation as it stands at present, the appellant could take recourse to either of three courses of action, namely:
(i) pursue the complaint as it stands; or (ii) amend the complaint to challenge the letter of repudiation; or (iii) withdraw the existing complaint with liberty to institute a fresh complaint to challenge the letter of repudiation. [Para 11][583-F-G]
New India Assurance Company Limited v Hilli
Multipurpose Cold Storage Private Limited (2020) 5 SCC 757 – followed.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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