HON’BLE JUSTICE ISHAN CHANDRA DAS, PRESIDENT

          This Interlocutory Application has been filed on behalf of the Complainant praying for Appointment of an Engineer Commissioner for holding commission at the premises in terms of the points stated in the schedule of the Interlocutory Application dated 20.3.2018.

          The back-ground of the instant Petition of  complaint is that the complainant filed the instant complaint alleging deficiency in service on the part of the Opposite parties regarding construction of a flat measuring lesser in area as proposed and agreed in the Agreement for Sale and to measure the flat in question by an Engineer Commissioner. Such prayer of the Complainant was duly opposed by the contesting Opposite parties who submitted that the Complainant as per measurement (Annexure P) showed satisfaction with regard to the measurement of the flat no.601 and pointed out with reference to the averments in para 22 and 23 of the Written Version that the Complainant intended to purchase 869 sq.ft. flat and in addition to 25% of the super built-up area, it would be 1160 sq.ft. flat. The Complainant prayed for such Commission work at his own cost. Section 13(4)(v) of the C.P.Act provides that the Forum/Commission has power to appoint commission for examination of any witness and the provisions in this regard with regard to appointment of an Engineer to inspect a property and reported the defects/deficiencies found therein would be well within the competence of the Consumer Forum or Commission as the case may be. In this context we may quote a decision of the Hon’ble National Commission in M/s Sethi Housing (India) Pvt. Ltd. & Ors –Vs- M/s J.K.L. Motors Pvt. Ltd. reported in (2015) 2 CPR 1999 (NC) where the Hon’ble National Commission held –

“ Therefore, while setting aside the impugned order, we grant the liberty to the State Commission to appoint a qualified Engineer or Architecture to carry out investigation followed by tests/analysis if felt necessary by him and to report the physical features of the subject flat, including as to whether one or more of the works mentioned in the Complaint are still pending execution/completion or not”

         Since the Complainant prayed for ascertainment of shortage in area, if any, he should be given an opportunity to get the flat measured by an Expert/Engineer/Commissioner in respect of the property  for determining the question of controversy between the parties.

          Accordingly, we allow Complainant to measure the flat as per terms of the Interlocutory Application being IA 325 of 2018 and submit the report by Engineer Commissioner as a witness on affidavit on the next date. The cost of such Commission work shall be borne by the Complainant and the OPs are directed to cooperate in the matter so that such commission work is done by said Engineer Commissioner properly.

          Office is directed to make necessary arrangement for appointment of an Engineer Commissioner, at once.