Order Date: 12.10.2023

Today is fixed for hearing of the M.A. case being No.92/2023 filed by the complainant and the petition dated 29.09.2023 filed by the O.P. No.2 and objection, if any, in the meantime by the complainant against petition dated 29.09.2023.

The petition dated 20.07.2023 in the form of M.A. hearing 92/2023 is taken up for hearing and now passing of order.

            The objection was filed on 29.09.2023 behind the petition.

            The contention of the complainant as petitioner of the petition is that the present complaint on alleging deficiency in service and unfair trade practice on the part of the O.P. is pending before the Commission which was for the construction of his house and for non completion of the same in all respect after receiving money or consideration amount from the complainant. The construction suffers under various defects as taken/made by the O.P. Hence, for bringing the actual fact as well as for ascertain the actual defects of his (O.P.) construction on the A Schedule as his house. Now it is necessary to pass appropriate order of appointment of an expert civil engineer by the Commission for showing the defect of construction of the house with regard to the deficiency of service and unfair trade practice of the O.P.   Complainant further submitted a name of Civil Engineer at his Schedule B of the petition namely Mr. Monoranjan Pal.  Complainant also mentioned the points of investigation by the Civil Engineer at his Schedule-C which would be the subject matter of investigation by the Civil Engineer as appointed.

            The petition bearing M.A. No.92/2023 is in objection by the O.P. to the effect that the matter of appointment of Civil Engineer is not been mentioned in original complaint petition. So, it is not entertainable one. Apart from that, if any appointment is made by Hon’ble Commission that should not be done as per sweet will of the complainant or as per his choice of the person as expert. An impartial Civil Engineer should be appointed by the Commission for fare adjudication from the panel of the Expert Civil Engineer.

            Both the contentions of the parties are heard and considered.

            We the Commission hold that to detect the deficiency in service in work and to detect the fault of construction in order to come into unfair trade practice as alleged by the complainant, the appointment of the Expert Civil Engineer is necessary for adjudication. But the prayer of O.P. for the appointment of impartial person who is not under the consideration of the complainant as per Schedule-B is being obeyed by the Commission.

            Let Shri    be appointed as Civil Engineer Expert to inspect the point under this petition dated 20.07.2023 mentioned under C schedule.

            Office is directed to prepare the writ of the Commission and to hand over the same to the person Sri     either summoning him in writing  to his proper address or by phone and on appearance, hand over the writ to Sri    with a direction to execute the Commission work by one month from the date of the receipt of the writ.

Complainant is directed to deposit Rs.2500/- provisionally by hand to the Expert as the fee of civil engineer for execution of commission work which would be adjusted after payment of final bill by the Expert.

            The M.A. petition being No.92/2003 under C.C. No. 206/2023 is thus disposed of.