West Bengal

Birbhum

MA/5/2024

Prasanta pal - Complainant(s)

Versus

Managing Director, Preet Agro Industries Pvt. Ltd - Opp.Party(s)

04 Jan 2024

ORDER

Shri Sudip Majumder- President-in-charge.

Today is fixed for passing order in respect of seeking expert’s opinion on manufacturing defect, filed by the complainant dated 03-08-2023.

Ld. Advocate for the OP Nos. 1, 2 & 3 is present and filed W/O against the application for appointment of expert. Objection raised by the OP Nos. 1, 2 & 3.

Already heard Ld. Advocate for both sides.

One petition in respect of expert’s opinion has been filed by the complainant. The same has been registered as M.A. Case No. 05/2024. Record is now taken up for passing order.

Perused the petition. Considered. From the contents of the petition it appears that the complainant intends to state that the condition of the Harvester in question is manufacturing defect, unable to serve the purpose. Thus, an expert’s opinion is necessary regarding this Harvester.

 

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The complainant files another petition dated 05/12/2023 and suggested that the R.T.O., Birbhum may be regarded as expert and his opinion should be considered as expert’s opinion. Copy served. Objection raised by the OP Nos. 1, 2 & 3.

In our view, a mechanical examination of the disputed Harvester is helpful in determination of the matter in controversy. It is stated in Section 38(9) of the C.P. Act, 2019 as:

“For the purposes of this section, the District Commission shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying  a suit in respect of the following matters, namely:-

(d) the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source.”

So, for the ends of justice the prayer of the complainant is allowed on contest.

Send the copy of the petitioner’s application along with copy of this order concerned to the R.T.O., Suri, Birbhum at Ground Floor, Administrative Building, Suri, Birbhum, Pin. 731101 who shall cause examination of the concerned Harvester and submit the report to this Commission by 20/02/2024. If any cost of examination is necessary he shall mention the amount for which the complainant shall be directed to deposit the same.

Thus the M.A. Case No. 05/2024 is disposed of.

Fix.  20/02/2024 for awaiting report of the R.T.O., Birbhum.

Copy of this order be supplied to the parties each at free of cost. Inform.