HON’BLE JUSTICE ISHAN CHANDRA DAS, PRESIDENT

       This is to consider an Interlocutory Application filed by the complainants prayed for appointment of an Investigation Commissioner for inspection of the Schedule A and B property, mentioned in the said application under Highland Green Project at Batanagar and submit report before this Commission. The Complainants entered into an agreement for purchasing a flat measuring 712 sq. ft. on the 5^th floor and a car parking space, paid a sum of Rs. 19,52,784/- (Rupees nineteen lakh fifty two thousand seven hundred eighty four) and Rs. 97,253/- (Rupees ninety seven thousand two hundred fifty three) are due which was subsequently paid and the OPs asked for payment of a considerable amount for stamp duty charges and registration charges from the complainants by a letter dated 19-04-2017 and assured to commence pre-delivery inspection on 1^st May, 2017 but did not do so without any excuse. Finding no alternative the complainants personally visited the Highland Green Project on 05-09-2017 and found that the Tower No. 37 was lying incomplete and not in habitable condition but the OPs were demanding money from the purchasers. Since the complainants paid the entire consideration of Rs. 20,50,037/- (Rupees twenty lakh fifty thousand thirty seven) as full consideration in connection with the apartment and covered car parking space at the Project including electric charges they need to inspect the property in question by way of appointment of an Advocate Commissioner in respect of the property, referred to in Schedule A and B. The prayer of the complainants was duly opposed by the OPs who claimed that no such inspection was necessary when the OPs intended to execute and register the deed of conveyance on acceptance of the consideration as well as registration fees and stamp duty charges. The complainants filed the instant complaint case alleging ‘deficiency of service’ and in the Interlocutory Application under disposal they prayed for inspection of the property they want to purchase at their own cost about the condition of the Schedule A and B property i.e. inspection of the Schedule ‘A’ and Schedule ‘B’ property. The heaven will not fall if such a prayer is allowed to the complainants who had invested a considerable amount on purchasing the flat and the car parking space. Accordingly I allow the IA/722/2018 for inspection of the Schedule A and B property by an Advocate Commissioner and Sri Souvik Chatterjee, Advocate is hereby appointed as Commissioner to hold such Commission. The applicant herein is directed to pay a sum of Rs. 12,000/- (Rupees twelve thousand) to the Advocate Commissioner for holding such inspection and the OPs are asked to extend co-operation for such Commission work. To 26-03-2019  for submission of report.