West Bengal

Burdwan

MA/110/2023

Susanta Kumar Ghosh - Complainant(s)

Versus

Tapas Roy Proprietor of Roy Construction - Opp.Party(s)

23 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
BDA GUEST HOUSE ( 1ST FLOOR ) KALNA ROAD BADAMTALA
Dist Purba Bardhaman - 713101
WEST BENGAL
 
Miscellaneous Application No. MA/110/2023
( Date of Filing : 26 Sep 2023 )
In
Complaint Case No. CC/192/2022
 
1. Susanta Kumar Ghosh
Burdwan
...........Appellant(s)
Versus
1. Tapas Roy Proprietor of Roy Construction
Burdwan
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Lipika Ghosh PRESIDING MEMBER
 HON'BLE MR. Atanu kumar Dutta MEMBER
 
PRESENT:
 
Dated : 23 Jul 2024
Final Order / Judgement

Order date: 23.07.2024.

Today is fixed for hearing of the M.A. case being No.110/2023 and objection if any. 

            Ld. Advocate for the complainant is present.

Ld. Advocate for the OP  is present but verbally raised formal objection . 

Heard the Ld. Advocates of both sides.

Perused the complaint, W/V and the M.A. case.

On 26.09.2023 the Ld. Advocate for the complainant filed this M.A. case stating that regarding the defects of building constructed by the OP , for bringing the actual f acts as well as for ascertaining the actual defects in the building and also  for proper adjudication of the present  case, appointment of a Civil Engineer from the Panel of this Ld. Commission is very much essential     and prays for passing necessary order. 

 

In these circumstances, we are of opinion that for proper adjudication of this case and to find out the actual truth of the case and fact-findings, the prayer for appointment of a Civil Engineer is required.

So, Sri Debdip Ghosh  (Mob:9531599329 )   , Civil Engineer, residing at  413/A, G.T. Road, Mahendra Halder Lane, Birhata, Burdwan,Pin 713101 ,  is appointed as a Civil Engineer.

Hence, it is

                                                       ORDERED

that the M. A case being No. 110/2023 is allowed on contest but without any cost.

The Civil Engineer is requested to inspect and examine the building of the complainant after giving prior notices to both sides and to submit a report along with the bill as his remuneration for the works in the matter.

Ld. Advocates of both sides may be present during the inspection and examination of the building on the date by the Ld. Expert.

 

 

 

Complainant is directed to take steps for sending (i) complaint of the case, (ii) W/V  and (iii) petition for the M.A. case,  to the Ld. Expert as early as possible.

 

Let a copy of this order be given to the parties on free of cost and another copy to the Ld. Expert along with requites.

 

M.A. case No. 110/2023  is thus disposed of .

 

 

To  13.09.2024  for submission of report and filing of remuneration bill by the Ld. Expert.

 

 
 
[HON'BLE MRS. Lipika Ghosh]
PRESIDING MEMBER
 
 
[HON'BLE MR. Atanu kumar Dutta]
MEMBER
 

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