Date of filing: 17.12.2018 Date of disposal: 29.01 .2019
Complainant: 1.Sankar Banerjee, S/O- Lt. Santosh Banerjee, Resident Of C/O Sukhen Saha, Faridpur, Sahapara, P.O.-Durgapur-13, P.S.-Durgapur, Dist. Paschim Barddhaman, Pin-713213, Phone- 6294186617
Opposite Party: 1. Akreeti Infracon, A Partnership Fir, Office at 2/41 SEPCO Township, B-Zone, Durgapur, Dist. Paschim Barddhaman, Pin- 713205, Present Address at Rajbandh Bankalinagar, Vill & P.O. Rajbandh, P.S. Kanksha. Durgapur, Dist. Paschim barddhaman, Pin-713212.
2. Raj Tiwari, Partner of Akreeti Infracon, office at 2/41 SEPCO Township, B/Zone, Durgapur, Dist. Paschim Barddhaman, Pin 713205, Present Address at Rajbandh Bankalinagar, Vill & P.O. Rajbandh, P.S. Kanksha, Durgapur, Dist. Paschim Barddhaman, Pin 713212.
Present : Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member : Smt. Nivedita Ghosh.
Hon’ble Member: Sri Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party (s): Ld. Advocate, Sohom Som
Order No. 08, Dated: 29 .01.2019
This order is arising out of the M.A. being No. 95/2018 filed by the complainants in the C.C. No.117/2016 praying for appointment of an expert (Civil Engineer) from the panel of the Ld. Forum for inspection and report on the points as mentioned in the Schedule “B” of the said petition.
In the application it is stated by the complainants that alleging deficiency in service, as well as, unfair trade practice this complaint is initiated by the complainants against the O.Ps and for proper adjudication of this complaint one Civil Engineer from the panel of the ld. Forum is required to be appointed as an expert with the direction to file his report on the points as mentioned in the M.A. According to the complainant if this application is not allowed he will suffer irreparable loss and injury and prayer is made for allowing the application.
The O.Ps have raised vehement objection against such application stating that at this juncture this application will create delay in disposal of the complaint and without the opinion of Civil Engineer the complaint of the complainants can easily be adjudicated upon. According to the O.Ps, the M.A. filed by the complainants is liable to be dismissed.
We have perused the application as made out in the M.A. Case being No. 95/2018 and objection thereto raised by the Ld. Counsel of the O.Ps and in our view that the complainant entered into an agreement for sale of the concerned flat with the O.Ps on 20.05.2016 and it is also agreed by the O.Ps to hand over the possession of the allotted flat to the complainant within 18 months from the date of agreement i.e., within 19.01.2017. But till date the O.Ps failed to execute Registered Deed of Sale as well as handing over the possession of the flat and as the possession have not been acquired by the complainant so we are not in a position to allow the application of the complainant for inspection of the same by appointing any civil engineer and to give his report as mentioned in the Schedule “B” of this application.
Hence, it is
O r d e r e d
that the M.A. Case being No. 95/2018 is hereby dismissed on contest without imposing any cost.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Tapan Kumar Tripathy) DCDRF, Burdwan
Member
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
