DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

M. A. NO- 266/2017

C.C. No- 312/2016

Date of Filing:                                                                                                Date of Disposal:

24.10.2017                                                                                                       14.01.2019

Complainant:-               1.       Sri Bojoy Paul

Son of Late Dinesh Chandra Paul

Residing at

537, Dum Dum Park

P.O- Bangur Avenue,

P.S- Lake Town,

Kolkata- 700055

Dist- North 24 Parganas

2.       Sri Sanjoy Paul,

Son of Late Dinesh Chandra Paul

Residing at

31/24, K.B. Sarani, Mall Road

Anandalok, P.O- Mall Road

P.S- Gora Bazar,

Kolkata- 700080

(Complainant no 2 being

represented by complainant no 1

as an authorized power of Attorney holder)

=Vs=

Opposite Parties:-         1.       Sri Uttam Kundu

Son of Late Kanailal Kundu,

Residing at- 156/3,

Mukundapur Road

Kolkata- 700049

2.       Smt. Gita Paul

Wife of Late Arun Chandra Paul

3.       Soma Paul

Daughter of

Late Arun Chandra Paul

4.       Sri Suman Paul

Son of

Late Arun Chandra Paul

Cont…………………….2

        :2:

OP nos 2 to 4

Residing at- Flat no 1 and 1A

“Arunoday Apartment”,

No 537, Dum Dum Park,

P.O- Bangur Avenue

P.S- Lake Town

Kolkata- 700055,

Dist- North 24 Parganas          

PRESENT

:-       Smt. Silpi Majumder  ……………………………Member.

:-         Smt. Monisha Shaw …………………………………….Member.

Order No- 22

          On 24.10.2017 the complainant filed another MA with a copy to the other side which was registered as MA 266/2017. We take up the said application for hearing and its disposal.

          This order is arising out of the MA 266/2017 filed by the complainant in the CC 311/2016 praying for filing questionnaire to the Ld. Engineer Commissioner for cross-examination.

          In the said petition it is stated by the complainant that the Ld. Engineer Commissioner has filed his report before this Ld. Forum on 24.04.2017. Subsequently though the said Ld. Engineer Commissioner was cross-examined by the Ops on dock but due to inadvertence  at that relevant period the complainant did not cross-examine the Engineer Commissioner on dock. Therefore report of the Engineer Commissioner is required to be cross-examined by way of questionnaire. For this reason praying for such liberty the complainant has filed this application to give a scope for filing questionnaire to cross-examine the Ld. Engineer Commissioner.

          The copy of the said MA have been duly received by the Ops, who did not raise any strong objection against this application. OPs have stated that at the belated stage the complainant has prayed for the same which will create delay for disposal of this complaint.

          Upon perusal of the content of the application in our opinion that it was the duty of the complainant to cross-examine the Ld. Engineer Commissioner at that point of time when he came as per direction of this Ld. Forum on dock for facing cross-examination by the OPs. Being not vigilant at that moment the complainant did not take any step keeping himself silent over the matter. After expiry of considerable period, the complainant though that cross-examination of the Engineer Commissioner is required for proper adjudication of this complaint and hence by filing this the complainant has prayed the abovementioned. However the in the interest of Justice, scope be given to the complainant to cross-examine the Ld. Engineer Commissioner by way of filing questionnaire.

:3:

          The complainant is directed to file questionnaire on 28.03.2019  with the abovementioned.

Hence it is ordered that the MA 266/2017  is hereby allowed. There is no order as to costs.

Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.        

Member                                                                     Member                                                         

Dictated & Corrected by