Date of filing: 01.06.2018 Date of disposal: 27.06.2018
Complainant: Nazrul Islam Mondal, S/o. Habibur Rahaman Mondal, residing at Village & Post Office: Khetia, Police Station & District: Burdwan, PIN – 713 102.
Opposite Party: 1. Kerala Agro Machinery Corporation Ltd., represented through its Director, having its office at Athani, District: Ernakulam, State: Kerala, PIN – 683 585.
2. Greaves Cotton Limited, represented by its Manager, having its office at 411, New Alipore, Kolkata – 700 053.
3. West Bengal Agro Industries Corporation Ltd., represented through its Director, having its office at 5 No. Ramlal Bose Lane, Radhanagar Para, PO., PS. & Dist: Burdwan, PIN – 713 101.
Present : Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member : Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Suvro chakraborty.
Appeared for the Opposite Party No. 3: Ld. Advocate, M. K. Mondal.
Appeared for the Opposite Party No. 4: Ld. Advocate, Debjyoti Banerjee..
Order No. 60, Dated: 27.06.2018
This order is arising out of the M.A. being No. 30/2018 filed by the complainant with a prayer for examining the machine in question by an expert.
It is stated by the complainant in the said application that for proper adjudication of this complaint the complainant filed a petition before this Forum for appointment of an expert from the office of Deputy Director of Agriculture, Purba Burdwan, but the said Department intimated this Forum for appointing expert either from Kalyani Krishi Viswa Vidyalaya, Nadia or from IIT, Kharagpur and the ld. Forum requested the Principal, Kalyani Krishi Viswa Vidyalaya for sending the name of expert of Power Reaper Machine and his remuneration. Thereafter, the Principal, Kalyani Krishi Viswa Vidyalaya informed this Forum to request the Head Office but did not inform the address of the Head Office.
The case is filed in the year 2015 and for speedy disposal of the case necessary order for calling for the name of any expert of Power Reaper Machine for examining the machine in question of the complainant and his remuneration from the Office of Agriculture Engineer, Burdwan, the address of whom has been mentioned in the schedule below. So it is now necessary to pass appropriate order by calling for the name of any expert of Power Reaper Machine for examining the machine in question and his remuneration from the office of Assistant Engineer, Agro Mechanical, Burdwan, otherwise the complainant will suffer irreparable loss and injury.
The Ops have raised no objection against such application.
We are of the opinion that for proper adjudication of this complaint it is necessary to examine the machine in question whether there is any defect or not and for that reason appointment of an expert in such field is necessary. So for the interest of justice we are of the opinion that the M.A. should be allowed.
Hence, it is
O r d e r e d
that the Misc. Application being No. 30/2018 be and the same is allowed 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, Burdwan
President
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
