Today is fixed for hearing the petition filed on behalf of the complainant in respect appointment of expert / civil engineer for conducting commission work dated 29.08.2018. The opposite party is present on call and files written objection in respect of petition dated 29.8.2018.
Perused the petition dated 29.8.2018 filed by the complainant and written objection and hearing the advocate of the complainant and the opposite party it appears that for the proper adjudication of the complaint case a report of the Engineering Commissioner in respect of measurement of the covered area and super built up area of the subject flat and draw a sketch map/ plan of the subject flat and report separately the covered area, Super built up area and total area of the said flat including super built up area is very much essential.
It appears from the case record that the complainant filed the instant complaint petition praying direction upon the opposite party to pay Rs.55,880/- with interest for providing lesser square feet by 25.41 in both covered and super built up area and to pay the quantum of stamp duty and registration fees in respect of 32.41 sq. ft with interest and compensation amounting to Rs.200000/- & litigation cost. As the grievance of the complainant is purely relates to the measurement of covered area, Super built up area and to draw a sketch map of the schedule mentioned flat of the complaint petition. Complainant files a Xerox copy of Engineer commissioner report of one Asit Baran Mukhopadhyay, Govt Regd. Valuer & Chartered Engineer filed before Hon’ble State Commission, WB in the schedule mentioned flat and submit to appoint him as the Engineer Commissioner as he already conducted commission work as per order of the Hon’ble State Commission in the subject flat. Ld. Advocate of opposite party assailed that there is objection regarding the appointment Engineering Commissioner as the commission work may be done by the Surveyor Advocate.
After hearing the Ld. Advocate of the complainant this Forum is in the opinion to allow the prayer of the complainant in respect of petition dated 29.8.2018. This Forum is the considered opinion to appoint Mr.Asit Baran Mukhopadhyay, Govt Regd. Valuer & Chartered Engineer having office address at 422/2, G.T. Road, Baidyabati, Hooghly to conduct the commission work as per schedule of the commission petition dated 29.08.2018 and submit a report by 22.5.2019.
Petitioner is to deposit requisite fees as would be decided by the Engineer Commissioner appointed above to conduct the commission work and submit report by the time. The MA case being No.38 of 2018 is disposed accordingly.
Let a Copy of the order be sent to Mr.Asit Baran Mukhopadhyay, Govt Regd. Valuer & Chartered Engineer having office address at 422/2, G.T. Road, Baidyabati, Hooghly for taking necessary steps.
