This record was fixed on 19.01.2022, but due to severe spur of Covid-19 (Third Wave) this record could not be placed on the stipulated date. This record is placed on today by the office of this Ld. Commission.

The Ld. Counsel for the complainant is present.

None is present on behalf of the Ops.

Today is fixed for hearing on the MA 80/2021.

The copy of the application has already been served upon the other side.

This order is arising out of the MA being no. 80/2021 filed by the complainant praying for appointment of the Ld. Engineer Commissioner for inspection/ local investigation on the points made out in the MA 80/2021.

It is contended in the said application that though the complainant got the physical possession in the questioned flat, he is not residing therein due to some defects and the building has not been completed in all respect by the Op. For repairing of the said defects the instant application have been filed by the complainant for local inspection. According to the complainant is this application is not allowed, the complainant will suffer irreparable loss and injury and prayer is made by the complainant for allowing this application.

We have carefully perused the content of the application and in our view, as the questioned flat is suffering from some defects, as alleged by the complainant, until and unless expert’s opinion is forthcoming from the Ld. Engineer Commission, this Ld. Commission is not in a position to adjudicate the matter in a proper manner. Therefore, in our view, the application as filed by the complainant should be allowed.

Hence it is ordered that the MA 80/2021 is hereby allowed. There is no order as to cost.

We are inclined to appoint Mr. Dipankar Bose for investigate/local inspection on the questioned flat on the point as mentioned in the MA 80/2021.

Before starting the inspection work, the Ld. Engineer Commission is requested to intimate both the parties in writing.

Both parties are directed to be present on the date of inspection as per intimation of the Ld. Engineer Commissioner positively.               

Parties are also directed to extent extreme cooperation to the Ld. Engineer Commissioner, so that he can perform the investigation in a good manner.

The complainant shall pay a sum of Rs. 5,000/- towards the remuneration of the Ld. Engineer Commissioner which shall be paid to the Ld. Engineer Commissioner in cash before starting the inspection work.

The complainant is also directed to submit the necessary writ ie. Copy of the complaint, copy of the MA 80/2021 and copy of this order before the appropriate authority of this Ld. Commission.

The appropriate authority is directed to intimate the Ld. Engineer Commissioner to this effect forthwith.

Fix 31.05.2022 for filing expert’s opinion and field note by the Ld. Engineer Commissioner.

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

Dictated and corrected by

 [HON'BLE MRS. Silpi Majumder]
MEMBER