Today was fixed for passing order in the MA Case.

         The case record is taken up for consideration for passing order in respect of the petition filed by the applicant of this MA case (who is Complainant of the CC case No.122/2023) for conducting local inspection commission the subject matter of which has been described in the schedule of the petition for the Commission dtd.19.06.2024.

On being intimated about the filing of the MA case and in course of hearing, the OP side of this MA case even after having opportunities, has not filed any written objection. However, the OP side has expressed their verbal objection but simultaneously has stated that they do not have any substantial objection in the matter of Commission work.  It is only proposed by the OP side that the Commissioner appointed in this case should have general awareness in the matter of civil work and nature of construction.

The arguments highlighted by the Complainant as well as by the OP have been heard in full.

 Perused the content of the petition filed by the Complainant.

It is the main point of contention and argument of the applicant/Complainant side that with a view to construct a three floor dwelling house as per plan, contacted the OP in March 2022 and after much deliberation, entrusted the OP with construction work of ground floor to first floor which was supposed to include all works related to doors, windows, grills, electricity, plaster, putty, colour etc. Accordingly all formalities in this regard were completed prior to starting of the construction work.

      Reportedly, the OP committed to use certain specific materials while constructing the house and both the complainants relied upon his commitments. But on completion of brick work, it was allegedly detected that quality of bricks used in the construction was not the same as promised by the OP previously and as a result of the same the walls developed salt efflorescence.

Apart from the above, the Complainant claims that the entire construction was defective from many aspects and materials used in construction and installation of doors were of inferior quality.

In view of the above and for the purpose of proper and transparent adjudication of the corresponding CC case, passing an order for holding local inspection commission by an advocate Commissioner having a general idea of civil construction is badly necessary.

Under the circumstances as mentioned above, Smt. Chitralekha Das, Ld. Advocate  is appointed as Commissioner for conducting local inspection of the property mentioned in the schedule annexed to the petition.

Let the Commission fees of Rs.4000/- be paid to the Ld. Commissioner immediately.

On production of the payment receipt showing the payment of fees to the Ld. Commissioner, writ of Commission is to be issued.

Ld. Commissioner is directed to conduct the Commission work as per schedule of the local inspection Commission petition which has been described in the petition dtd.19.06.2024.
The applicant/Complainant side is directed to make payment of the fees to the Ld. Commissioner and to handover papers and documents to the Ld. Commissioner within seven days from the date of this order.

In the light of the observation made above, the MA case being no. 46/2024 is disposed of. Tag this folder along with the corresponding CC case folder.