DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

M.A. No. 85/2023

Arising out of E.A. No. 200/2023

Date of Filing                        Date of Admission         Date of Disposal

14.06.2023                              14.06.2023                    14.06.2023

P R E S E N T                :- Smt. Manisha Shaw……………Member.

                                       :- Sri.  Abhijit Basu………………. Member.  

Order No. 50

          Today is the date fixed for above case.

          The M.A. petition is taken today for hearing. The report of Advocate Commissioner is submitted. The Advocate for complainant brought notice para 1.1 keys: before this commission. In this paragraph Engineer Commissioner stated that ‘ Front – left side flat could not be opened due to jammed lock’. Due to no-avail ability of key the real picture and measurement could not be completed. The advocate for complainant also submits that the report of Engineer Commissioner could not be accepted as the details measurement of first floor is not mentioned. Therefore, re-inspection is required. Complainant also filed an application for appointment of Engineer Commissioner which is treated as M.A. 85/2023. The Ld. Advocate for complainant also submits that the specification with the measured of the first floor and ground floor in details with occupants name is required by showing a sketch map.

          Ld. Advocate for opposite parties are present and they submitted that they have no objection. Hear both parties and with the consent of the parties the appointment of Engineer Commissioner’s petition is allowed.

          Mr. S. Chatterjee Phone -9433002375 /9831681155 Engineer Commissioner is appointed for hold the commission work as per the issues of this order and as per petition of the

Contd/-2

M.A. No.85 /2023

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complainant. The Dhr is directed to pay Rs.. 5,000/- to the aforesaid Engineer Commissioner through proper receipt as his commission charge as early as possible from the date of order.

          The aforesaid Engineer Commissioner is directed to hold this commission to (1) ascertain the area / measurement of first floor and ground floor (2) occupants of the first floor and ground floor of suit property with skech map and measured thereof.

(3)Ascertain the area of first floor and ground floor specifically and separately

(4) Ascertain the area which is in possession by the Decree holder.

          At the time of last commission work Engineer Commissioner could not open the one said flat due to jammed lock. Therefore, it is directed the opposite parties to kept all keys with them so that they can open the flat and commissioner could able to hold commission work properly.

          It is also directed the Engineer Commissioner to serve notices to all parties before hold the commission work.

          To 24.08.2023 for report of Engineer Commissioner.

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

Dictated and Corrected by me.

Member

          Member                                   Member