Order no.3               Date:24.11.2023

Ld. Advocate for the complainants is present.

Ld. Advocate for the opposite parties is also present.

The Misc. Application dated 07.08.2023 is taken up for hearing.

Perused. Considered. Heard.

Ld. Advocate for the complainants submit that Garage space and opposite party’s accommodation is required to be inspected by an advocate commissioner for proper adjudication of the case.

In reply, Ld. Advocate for the opposite party raised strong objection.

On perusal of the material on record, agreement for sale dated 05.02.2016 and Deed of conveyance dated 08.09.2017 it appears that the complainants have purchased one self contained flat no. 4A on the fourth floor having super built-up area 916 sq. ft. and an open car parking space measuring about 135 sq. ft. under the roof on the ground floor at premises no.6/1F Cossipore Road, P.S. Chitpore, Kolkata – 700002. A specific map with red border has been annexed with the deed of conveyance dated 08.09.2017 denoting car parking space no.2 measuring about 135 sq. ft. But on perusal of the complaint application we find no specific schedule of the garage space has been mentioned therein.

On further perusal of the complaint we find that the complainants prayed for a direction upon the opposite parties to handover the possession of the car parking space as mentioned in the schedule of the Deed of Conveyance dated 08.09.2017 to the complainants and also to handover completion certificate and other documents etc. No allegation has been made in the complaint that the garage is occupied by others or the work of construction has not been completed.

So, at this stage there is no bar to proceed with the case without physical verification of the garage space. The claim of the complainant can be adjudicated on the basis of evidence of the parties. Moreover, we are of the opinion that the accommodation of the opposite parties is not required for the adjudication of the dispute between the parties to the case.

So, the application for appointing advocate commissioner stands dismissed without cost.

Thus the Misc. Application is disposed of.