HON’BLE MR. KAMAL DE, PRESIDING MEMBER

Order No. : 01

Date : 27.02.2020

Parties are present through their respective Ld. Lawyers.

IA/9/2020 is taken up for further hearing along with another IA Case being IA/25/2020 as both the IA cases relate to same subject matter i.e. appointment of Expert Engineer Commissioner.

In filing both the IA Cases, OP alleges that the complainant has filed the case alleging loss of area of the flat as per the agreement and alleges loss of square feet and accordingly claimed for refund of money.

We find that the instant case has been filed by the complainant against the OPs for certain reliefs, more fully mentioned in the prayer portion of the complainant including shortage of area. The complainant has alleged that they have received the schedule flat with loss of area as per the agreement.

It appears that the dispute is with regard to the concerning area of the schedule flat which cannot be decided without an Expert Engineer Commissioner. Appointment of Civil Engineer is required to take measurement of the schedule flat. Accordingly, we think that the appointment of Expert Engineer Commissioner is required for proper and effective adjudication of the dispute in between the parties.

Hence,

                                                                ORDERED

Both the IA Cases IA/9/2020 and IA/25/2020 are allowed on contest. Shankhadip Construction & Consultancy, C/O Dulal Chandra Roy (Licence of Civil Engineer) Boronilpur Road, P.O. Sreepally, Dist. Purba Bardhaman, PIN 713103, Mobile No. 9002095036, 90002095836, Mail –

Both parties are directed to foot the bill of Expert Engineer Commissioner proportionately 50:50. Parties are also directed to give initially an amount of Rs. 5,000/- (Rupees Five Thousand only) in the ration of 50:50 (i.e. Rs. 2500/- each) in cash in hand to the Expert Engineer Commissioner subject to adjustment of the final bill.

Both the IA Cases are thus disposed of accordingly.