Date of filing: 30.09.2019 Date of disposal: 15.01.2020
Complainant: 1. Dipika Singh, W/o. Deoprasad Singh, resident of Qt. No. DT-12/01, MAMC, V. K. Nagar, Durgapur, District: West Burdwan, PIN – 713 210.
2. Deoprasad Singh, S/o. Satyanarayan Singh, resident of Qt. No. DT-12/01, MAMC, V. K. Nagar, Durgapur, District: West Burdwan, PIN – 713 210.
Opposite Party: 1. Tanvee Housing development Pvt. Ltd., represented by its Director, having is office at Bamunnara, Beside- NH-2, Durgapur, District: Burdwan, PIN – 713 212.
2. The Director, Tanvee Housing Development Pvt. Ltd., having its office at Flat No. 2B, 1st Floor, 8/2/16 A, Arabinda Sarani, Purul Bhaban, Kolkata – 700 0208.
Present: Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Ms. Nivedita Ghosh.
Hon’ble Member: Shri Sailaranjan Das.
Appeared for the Complainant: Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party Nos. 1 & 2: Ld. Advocate, Sovan Kumar
Order No.36, Dated: 15.01.2020
This order is arising out of the M.A. filed by the complainants in the C. C. No. 212/2017 with a prayer for appointing Expert Civil Engineer from the PWD of Durgapur.
It is stated by the complainants that they filed an application on 22.04.2018 for appointment of expert vide M.A. No. 22/2018 and the same has been allowed. Thereafter the Ops filed a Revision Petition before Circuit Bench, Hon’ble SCDRC, Asansol vide RP No. 03/2018 and the same was dismissed.
The complainants further submits that the ld. Expert Civil Engineer who was appointed from the panel of this Ld. Forum is a resident of Burdwan Town and the flat in question is situated at Durgapur. Therefore, the amount of remuneration of ld. Expert for making the inspection may be costly which is not at all possible for the complainants to bear the same. So prayer has been made for appointment of any Ld. Expert Civil Engineer from the PWD of Durgapur for inspection of the flat in question and submission of his valuable report as per address mentioned by the complainants in schedule of this Application, otherwise, the complainants will suffer irreparable loss and injury.
Ld. Counsel for the Ops raised vehement objection against the Misc. Application and prays for dismissal of this Application.
After hearing both sides, we are of the opinion that before filing this Misc. Application, the complainants filed an M.A. being No. 22/2018 and the same was allowed by appointing an Expert Civil engineer for inspection of the flat in question and submission of his report. But against the said order, the Ops preferred a Revision Petition before the Asansol Circuit Bench, Hon’ble SCDRC and the same has been dismissed. Therefore, further procedure for sending the requisites to the ld. Expert for inspection and submission of his valuable report has been stopped. Thereafter, the complainants file this M.A. with a prayer for appointment of an Expert Civil Engineer from PWD, Govt. of West Bengal which will be of lesser amount as inspection charges than the private concern. So, for ends of justice, the prayer of the complainants for appointment of Expert Civil Engineer from PWD, Durgapur should be allowed.
Hence, it is
O r d e r e d
that the M.A. being No. 75/2019 be and the same is allowed on contest without 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
(Jayanti Maitra (Ray) DCDRF, Purba Bardhaman
President
DCDRF, Purba Bardhaman
(Sailranjan Das) (Nivedita Ghosh)
Member Member
DCDRF, Purba Bardhaman DCDRF,Purba Bardhaman
