Order No. 06

Questionnaire is filed by the Ld. Advocate of the OP with a copy to the other side.

Fix 07.01.2022 for filing reply to the questionnaire by the Ld. Advocate of the complainant.

An application is filed on behalf of the OP for appointment of Engineer Commissioner. But it appears from the record that delivery of possession in respect to the flat in question has already been made. It is ascertained from the Ld. Advocates appearing on both sides that on February, 2020. This deed in respect to the flat in question (1,000 Sq.ft.) was executed and registered.

Since the deed contains specific measurement of the flat there is hardly any scope for raising any dispute in relation thereto. Therefore the application for appointment of Engineer Commissioner is misconceived and hence rejected.

Fix 07.01.2022 for hearing the Ld. Advocate on both sides on the points as to maintainability of the case before this Commission, as the complainant has only sought for refund of excess amount even after the execution and registration of sale deed.

Let a plaint copy of this order be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT