Chandigarh

StateCommission

MA/879/2023

PRITISH MALIK - Complainant(s)

Versus

AMIT DHIMAN - Opp.Party(s)

PANKAJ CHANDGOTHIA

07 Mar 2024

ORDER

State Consumer Disputes Redressal Commission

U.T., Chandigarh

Consumer Complaint No.52 of 2023

Pritish Malik & anr.

Vs.

Amit Dhiman & anr.

BEFORE:

JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

RAJESH K. ARYA MEMBER

Argued by:

Sh. Sanjeev Manrai, Senior Advocate for the complainant alongwith complainant No.1 in person.

Sh. Pankaj Chandgothia, Advocate for the opposite parties (on VC).

Dated:     07/03/2024

PER RAJESH  K.  ARYA, MEMBER

                                                                                    ORDER

                   Vide this order, we shall dispose of Miscellaneous Application bearing No.879 of 2023 filed by the opposite parties for inspecting and giving status report on construction of House No.403, Sector 20-A, Chandigarh by an independent expert. It has been stated in the application that the dispute, inter-alia, relates to the quality of construction and material used therein, which cannot be determined without the assistance of an Architectural/Construction Expert. It has further been stated that the expert report produced by the complainants has been got prepared by them as per their own whims and fancies and the opposite parties have nowhere been associated during the alleged inspection and reporting. It has further been stated that the complainants have failed to retain the structure and state of the house building, as it existed and opposite party No.1 was restrained from carrying out his work at the premises. It has further been stated that the current status and analysis report of the house building is necessary for proper adjudication of the case.

2]                The application has been contested by the complainants by filing reply, wherein, they submitted that  the opposite parties left the work mid-way, which was got completed by the complainants themselves at their own cost and thus, there is no purpose of appointing the expert at this stage. Prayer for dismissal of the application has been made. 

3]                After hearing the Counsel for the parties and going through the material available on record and without commenting upon the merits of the case, we are of the concerted opinion that visit and inspection by an Engineer in this case is essential for the apt and just decision of the case. To verify the present construction/completion status of House No.403, Sector 20-A, Chandigarh of the complainants, we direct the Chief Engineer, U.T., Chandigarh to appoint some responsible officer, as Local Commissioner, who will visit the aforesaid house of the complainants i.e. House No.403, Sector 20-A, Chandigarh, between 11.00 a.m. to 4.00 p.m. on any working day, after issuing prior intimation to both the Counsels namely, Sh. Pankaj Chandgothia, Advocate (Mobile No.9501456699, E-mail : pankajchandgothia@gmail.com) and Sh. Rakesh Sobti, Advocate (Mobile No.9876599943, E-mail: rakeshsobti.chd@gmail.com). He is further directed to submit his report within a period of 10 days from the date of his visit at the spot. Fee of the aforesaid Local Commissioner is fixed at Rs.10,000/-, which shall be paid at the spot by the opposite parties by way of Draft/RTGS.

                   Miscellaneous Application No.879 of 2023 stands disposed of accordingly.

                   List on 15.04.2024 for arguments.

                   Office is directed to send copy of this order along-with complete paper-book to the Chief Engineer, U.T., Chandigarh forthwith through Special Messenger and also through email.

                   Copy of order be also sent to the parties/Counsel through email/whatsapp.                                      

           

Sd/-     [RAJ SHEKHAR ATTRI]

PRESIDENT

 

 

Sd/-     [RAJESH K. ARYA]

MEMBER

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