HON’BLE MR. JUSTICE MANOJIT MANDAL,PRESIDENT

          This Interlocutory Application has been filed by the Opposite Parties praying for an order to reject the report of the Engineer Commissioner and to appoint an independent Engineer Commissioner having expertise in KMC Building Rules for fresh survey on the points of reference as mentioned in the application.

      The facts, to be taken notice for the disposal of the present application are that the Complainant filed the Complaint case under the Consumer Protection Act, 2019 alleging therein deficiency in service on the part of the Opposite Parties/Petitioners by not registering the flat and car parking space as per terms and conditions of the agreement dated 15.4.2017.

          Petitioners/Opposite parties appeared in the Complaint case by filing Written version denying the allegations made in the Complaint case.

         We have heard the Ld. Advocates of the respective parties and have carefully gone through the case record including the present application and its Written objection.

     It has been submitted by the Ld.Counsel for the Petitioners/Opposite parties that the complainant filed an application for appointment of an Engineer Commissioner to survey the flat in dispute and Mr. Aloke Kumar Majumder was appointed as Engineer Commissioner for the said purpose. After inspection the Ld. Engineer Commissioner Mr. Aloke Kumar Majumder submitted the report on 4.3.2020 before this Commission. He has further submitted that the petitioners/opposite parties came to know that there are errors and defects in the said inspection report. Ld. Engineer Commissioner did not take the measurement of one bed room (shown as a study room) in the revised plan of the flat and some other components measurement like loft, box window, and lift areas though it was mentioned at the time of measurement and that in the old plan there are no provision of lift , box window and lift etc. It has further submitted that the Engineer Commissioner’s report does not reflect the measurement of area of stair-case in the ground floor and first floor and also did not account for the loft area and window slab area and an additional bed room. It has further contended that Ld. Engineer Commissioner has failed and neglected the rule deliberately. So, the application filed by the petitioners/Opposite parties should be allowed.

          Assailing the above submissions of the Ld. Advocate for the Petitioners/Opposite parties, Ld. Advocate appearing for the Complainants/Opposite Parties submitted that the present application is not maintainable in law and the report submitted by the Ld. Engineer Commissioner is already on the record. There is no necessity for appointment of another Engineer Commissioner to inspect the case flat. So, the application should be dismissed.

          On due consideration of the submissions made by the parties and after perusal of the record we find that the Complainants/Opposite Parties filed an application praying for appointment of Engineer Commissioner to survey the flat in dispute and Mr. Aloke Kumar Majumder was appointed as Engineer Commissioner for the said purpose. Ld. Engineer Commissioner Mr. Aloke Kumar Majumder inspected the flat on 16.2.2020 and submitted his report on 4.3.2020 in this regard. The Complainants/Opposite parties has not filed any objection to the report of the Ld. Engineer Commissioner.

          In the premises, there is absolutely no necessity for appointment of Engineer Commissioner for the second time and that the purpose and intention of the petitioners/opposite parties  in filing the application is only to protract the Complaint Case. Moreover, there is no merit in the application and the application has been filed after a considerable delay in the matter. Therefore, we do not find any justification and/or necessity to allow his application and thereby to  drag the matter further.

In view of the above discussion, we conclude that the application filed by the petitioners/opposite parties is not maintainable and is liable to be rejected.

          In the result, the application for appointment of Engineer Commissioner filed by the petitioners/opposite parties is rejected. The application is thus disposed of accordingly.

          To 22/07/2022 for Evidence on affidavit by the complainant.