1. This civil revision petition is directed against the order dated 21.10.2003, made in CMP No. 25 of 2003 in C.O.P. No. 31 of 2003, on the file of the District Consumer Disputes Redressal Forum, Namakkal.

2. The respondent herein preferred a complaint before the District Consumer Disputes Redressal Forum, Namakkal and during the pendency of the complaint, the respondent filed an application to amend the name of the revision petitioner herein and the same was allowed. Aggrieved by the same, this revision has been filed.

3. Originally, the respondent herein filed the complaint against Manimalan in his individual capacity and thereafter he filed the application to change the petitioner as managing partner of the company and the said application was allowed and the same is challenged in this civil revision petition.

4. Heard the learned Advocate for the revision petitioner and the respondent.

5. The learned Advocate for the revision petitioner would contend that the Tribunal has no power to order amendment and, therefore, the order passed is vitiated.

6. On the contrary, the learned Advocate for the respondent would contend that though there is no express provisions for the amendment of the complaint, but there is no prohibition also in the Act for amending the complaint.

7. Now let us consider whether the Tribunal has got power to allow the amendment sought for.

8. The Consumer Protection Act, 1986 (Act 68 of 1986) was enacted to provide for entire protection of the interest of the consumers and for that purpose to make provision for their establishment of Consumer Counsel and other authorities for the settlement of consumer disputes and matters connected therewith. As far as the procedure of dealing with the complaint is concerned, Section 13 of the Act prescribed certain procedures. Sub-clauses (4) and (5) of Section 13 states that Civil Procedure Code, 1908 (5 of 1908), would be applicable as far as certain matters are concerned which are:

13. Procedure on admission of complaint—

(1) to (3) ........

(4) For purposes of this, the District Forum shall have the same powers as are vested in Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:

(i) the summoning and enforcing attendance of any defendant or witness and examining the witness on oath;

(ii) the discovery and production of any document or other material object producible as evidence;

(iii) the reception of evidence on affidavits;

(iv) the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;

(v) issuing of any Commission for the examination of any witness; and

(vi) any other matter which may be prescribed.

(5) Every proceedings before the District Forum shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Indian Penal Code (45 of 1860), and the District Forum shall be deemed to be a Civil Court for the purposes of Section 195, and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

9. As there is no specific provision in this sub-section also, it is argued on behalf of the respondent that the District Forum has got a power to order amendment. A similar question arise for consideration by the Hon’ble Supreme Court in the case of M/s. Fair Air Engineers Pvt. Ltd. v. N.K. Modi, III (1996) CPJ 1 (SC)=AIR 1997 SC 533, and the Supreme Court in dealing with the matter had observed that:

“Section 13 provides for the procedure after receipt of complaint and for disposal thereof. The details thereof are not material except Sub-sections (4), (5) and (6) thereof which having cutting edge as material in this behalf. Sub-section (4) postulates that for the purposes of that section, the District Forum shall have the same powers as are vested in a Civil Court under the Codes of Civil Procedure, 1908, while trying a suit in respect of the enumerated matters, namely, (i) summoning and enforcing