M.A. 44/2023 & M.A. 45/2023

Arising out in C.C. 235/2021

P R E S E N T                :- Smt. Monisha Shaw.……………… Member.

                                         :- Sri.  Abhijit Basu…………………. Member.

Order No. 09

Date:- 03.05.2023

            The application of M.A. 44/2023 and M.A. 45/2023 is taken up together for hearing. Both the parties appeared. Heard both side. Ld. Advocate for Complainant prayed for appointment of authorized Engineer Commissioner for physical conditions of the flat and advocate for Complainant submits that substandard materials have been used by the O.P. (s). In paragraph 4 of the petition of M.A. 44/2023 stated the defects of the construction which required for commission work. The Complainant submits that clear picture shall come before the Commission if the prayer of appointment of Engineer Commissioner is allowed. The Complainant submitted that they undertake to pay the requisite fees for appointment of Engineer Commissioner. The Ld. Advocate for Opposite Parties submitted that the flat is handed over before two / three years ago. How the Engineer Commissioner ascertained the exact condition of the flat now.

Ld. Advocate for the Opposite Parties submits that the saledeed have already been made physical possession of the unit has already been taken and neither in prayer portion of Complainant had not preferred any rectification of any defect.

Considering the both petition and objection as well as the balance of convenience and inconvenience of the same and also the submission of both the Ld. Advocate it appears to this Commission that there is no prejudice to allow this petition for appointing Engineer Commissioner. Prayer is considered and allowed. The M.A. 44/2023 is allowed with contest. The Engineer Commissioner Mr. S. Chattopadhyay (Mobile No. 9831681155 / 9433002375) is hereby appointed as an Engineer Commissioner in this case to hold the commissioned work of the flat in question as mentioned in paragraph 2 and 4 (M.A. 44/2023) and schedule mentioned in the complaint.

The aforesaid Commissioner shall have right to receive a copy of this order and he will have right to collect the relevant papers from the concerned parties.

Office is directed to supply the writ to the Engineer Commissioner for his commissioned work. Let a copy of this order be sent to the Engineer Commissioner for his commissioned work.

Complainants are directed to deposit the fees of Engineer Commissioner to the tune of Rs. 5,000/- (five thousand only) as Engineer Commissioner’s fee.

To date (19/07/2023) for submission of reply by the Engineer Commissioner.

 Dictated & Corrected by me                      

 Member

 Member                                                                                              Member