ORDER NO. 3 DT. 7.1.09 

HON’BLE MR. JUSTICE A.CHAKRABARTI, PRESIDENT

Challenging the order no. 32 dt. 8.7.08 passed by the North 24 Parganas District Consumer Forum in D.F.C. No. 136/06 this Revisional Application was filed.  The facts relevant for the purpose of disposal of this Revisional Application is that a question of local inspection was raised before the Forum below whereupon an Engineer-Commissioner was appointed, who submitted a report dt. 7.2.08.  The said report was rejected by the Ld. Forum.  At that point of time a prayer was made by the complainant for holding local inspection afresh by the Engineer-Commissioner.  The said prayer was allowed by the impugned order directing the complainant to nominate a competent person for the purpose of holding such commission.

Mr. P.K.Basu, Ld. Advocate for the Revisionist, contends that his client does not have any objection as regards holding of commission, but for the purpose of appointment of a competent person, the choice should be exercised only from the panel of registered Engineers-Commissioners maintained by the Hon’ble High Court.  This contention has not been disputed by the OP and, therefore, the Revision is allowed modifying the impugned order to the only extent that the complainant is to nominate a competent person for the purpose of holding commission as directed by the Forum below, but such nomination should be only from the persons included in the panel of Engineers-Commissioners maintained by the High Court at Kolkata.  The Revision is allowed to the aforesaid extent.