Order No. 10

Ld. Advocate on both sides are present.

The case was taken off from the stage of filing evidence by Complainant for hearing of this MA.

Today is fixed for hearing on the MA/71/2022 filed by the Ld. Advocate of the Complainant on the grounds stated therein. The Ld. Advocate of the OP files W/O today in this matter. The Miscellaneous application is taken up together with the W/O for hearing.

The MA was heard in full through arguments advanced by both sides and documents on record. During the pendency of the case the complainants filed an application for appointment of Engineer commissioner to substantiate the allegation of deficiency in services on the part of the OPs.

The W/O filed by the Ld. Advocate of the OPs appears to be full of ingredients that are similar in nature to the arguments as already advanced by filing W/V on the original complaint petition where there are grains of scopes to form an opinion in advance, that may come in conflict with the final outcome of the case.

Be that as it may, we see that the CP Act 2019 authorises a party to file an application for appointment of an expert or technical person for effective adjudication of a consumer dispute. This will also help this Ld. Commission to appreciate the bone of contention between the parties in proper perspectives. After hearing the Ld. Advocates on both the sides, it is felt that the said MA no 71/2022 may be allowed in view of Section 38(c) of the Consume Protection Act, 2019.

Mr. Dipankar Bose is appointed as Engineer Commissioner and he will get a consolidated fees of Rs. 7,500/-. The Ld. Advocate of the complainant is directed to deposit the aforesaid fees within 15 days with office of this Ld. Commission.

The Engineer Commissioner will conduct inspection, after serving notice and in presence of both sides, touching upon points raised in the MA petition in conjunction with approved building plans, registered sale agreements registered deed of conveyance, calculations on claimed area as per petition etc, after due measurement of the suit property and covered/SBU area appurtenant thereof in the building.

He will submit report before this Ld. Commission in a sealed envelope by 25.08.2022.

The Miscellaneous Application being No. 71/2022 is thus disposed of.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MR. Partha Kumar Basu]
PRESIDING MEMBER