DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
M. A. NO- 37/2018
E.A. No- 317/2015
Date of Filing: Date of Disposal:
08.02.2018 26.12.2018
Dhr :- 1. Sri Avishek Ghosh,
S/o. Sri Somnath Ghosh,
of AB-50, Sector-I, Flat No-3,
1st Floor, Salt Lake,
P.S.-Bidhannagar (North),
Dist-North 24 Parganas,
Kolkata-700064.
Represented by constituted
Power of attorney holder by
Virtue of General Power
Of Attorney being no-06298,
For the year 2014,
Sri Somnath Ghosh,
S/o. Late Kalidas Ghosh,
Of AB-50, Sector-I,
Flat No-3, 1st floor, Salt Lake,
P.S.-Bidhannagar (North),
Dist-North 24 Parganas,
Kolkata-700064.
=Vs=
Jdrs:- 1. Sri Bakul Chandra Saha,
Proprietor of
M/S. Loknath Builders,
S/o. Late Nikanta Saha,
Of 214/3/7, S.K. Deb Road,
Chowdhury Bagan, P.S.-Lake Town,
Dist-North 24 Parganas,
Kolkata-700048.
2. Sri Nirmal Bor,
S/o. Late Chandi Charan Bor,
Of 513, Canel Street,
P.S.-Lake Town, Dist-24 Pgs(N),
Kolkata-700048.
PRESENT :- Sri. Bankim Chandra Chattopadhyay………..…..President.
:- Smt. Silpi Majumder ……………………… ……Member.
Cont…………………..2
:2:
Order No- 27
Parties are present through their respective Ld. Advocates. On 08.02.2018 MA Application was filed by the Dhr praying for appointment of Engineer Commissioner for measurement of the said flat as per agreement for sale dated 31.12.2010.
In the Application it is stated by the Dhr that as per the agreement till date the Jdr did not hand over the said flat. Before taking possession in the flat the Dhr is intending to examine the said flat by one Ld. Engineer Commissioner on the points as given in the said Application by the Dhr. Accordingly the prayer was allowed but not in the MA Application, rather in the daily order and today we are inclined to pass the said order and disposed of said the MA by appointing Mr. Dipankar Basu, Ld. Engineer Commissioner for investigation of the questioned flat on the points as given by the Dhr in this Application. On the earlier occasion Mr. Soumendu Biswas was appointed as the Ld. Engineer Commissioner, subsequently he has refused to do the Commission work, hence today we are inclined to appoint Mr. Dipankar Basu as Ld. Engineer Commissioner for the said Commission Work.
The Dhr is directed to remit a sum of Rs. 5000/- to Mr. Dipankar Basu either depositing the same with this Ld. Forum or remit the same directly to Mr. Dipankar Basu before starting of the investigation. Mr. Basu is directed to investigate and examine the points as mentioned in the petition filed by the Dhr and submit a report before this Ld. Forum along with the field note.
The Ld. Engineer Commissioner is hereby requested to inform all the parties well ahead of the Commission work in writing regarding date and time.
Parties are directed to extend extreme co-operation to the Ld. Engineer Commissioner and the Dhr is directed to bear the conveyance allowance for the said date of the Ld. Engineer Commissioner.
The Dhr is directed to file necessary writ and requisites before the Office of this Ld. Forum and thereafter Office is directed to send down the same at the address of the Ld. Engineer Commissioner without any delay.
Fix 22.04.2019 for filing report by the Ld. Engineer Commissioner along with field note.
The Dhr shall submit copy of the complaint, copy of the agreement executed by and between the parties, copy of the Application dated 08.02.2018 and copy of this order before the office of this Ld. Forum.
Hence the MA being number- 37/2018 is hereby allowed on contest without any cost.
Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.
Member Member President
Dictated & Corrected by
