DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

M. A. NO-248/2019

Arising out of C.C. No-308/2018

Date of Filing:                                                                                                Date of Disposal:

05.07.2019                                                                                                      05.07.2019 

Complainant:-               1.      MOHIT KUMAR CHAKRABORTY,

Son of Krishnalal Chakraborty, previously residing at Surya Nagar, Garulia, Nawabganj, P.O.- Ichapur Nawabganj, P.S. Nowapara, District-North 24 Parganas, Pin-743144, presently residing at 3/1 Panshila Govt. Colony, Sodepur, P.O.- Panshila, P.S Khardah -

Kol- 700112                  

=Vs=

Opposite Parties:-         1.      SRI RAVI SHANKAR GUPTA,

Son of late Gulab Chand Gupta, residing at 89/1, Dakshindari Road, P.O – Sreebhumi, P.S.- Lake town, Kolkata-700048, being Proprietor of Dakshindari Road, P.O- Sreebhumi, P.S- Lake Town, Kolkata-700048.

Kol- 700114

2.      SMT. MANDIRA DAS,

Wife of Sri Mantu Das, residing at 3/1,panshila Govt. Colony, Sodepur,P.O- Panshila, P.S. – Khardaha, District-District-North 24 parganas, Kolkata-700112.

202/1 B.T. Road

Pin- 700108        

PRESENT       :-          Sri. Lakshmi Kanta Das……………………..…..President.-

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

Order No- 06

This order is arising out of the MA being no-248/2019 in the CC no-308/2018 filed by the Complainant praying for appointment of an Engineer Commissioner for holding inspection at the questioned flat on the points as mentioned in the page no-2,3and4 of this application and submission of his/her opinion.

In the application it is stated by the Complainant that the Consumer Complaint being no-308/2018 is filed in respect of using poor materials as well as non completion of job against the OPs. The moot points of this complaint is for local inspection of the said flat.

Cont…………..2

:2:

M. A. NO-248/2019

Arising out of C.C. No-308/2018

It is stated in the application that though the OPs are duty bound to complete, but till date the said flat has not been completed by the OPs. So for detection of the incomplete works and present condition of the questioned flat inspection by an Engineer Commissioner is very much necessary, otherwise conclusion cannot be drawn. The Complainant has undertaken to bear the entire cost of the inspection work by an Engineer Commissioner. According to the Complainant if this application is not allowed, he will suffer irreparable loss and injury and prayer is made for allowing the instant application.  

Upon hearing on the instant application we are of the opinion that the Complainant has rightly filed this application for appointment of an Engineer Commissioner for local inspection in the schedule property as the actual picture will not be revealed to us and we will not be in a position to draw the conclusive conclusion in respect of the allegation/dispute as made out by the Complainant against the OPs. According to us the prayer of the Complainant being fair and just, the same should be allowed.

Hence the MA being no-248/2019 filed by the Complainant is hereby allowed without any cost.

Mr. Dipankar Bose is hereby appointed as Ld. Engineer Commissioner for holding inspection of the questioned flat touching on the points as given by the complainant in the instant application. The complainant shall remit a sum of Rs. 5,000/- to the Ld. Engineer Commissioner towards his remuneration prior to starting of the local inspection. The complainant is directed to submit copy of the complaint, copy of this application being no- 248/2019 and a copy of this order to the office of this Ld. Forum as early as possible which would be supplied to the Ld. Engineer Commissioner. The complainant and the O.Ps are directed to extent extreme co-operation to the Ld. Engineer Commissioner to discharge his duty smoothly without any hazards. The arrangement for conveyance, if any shall be arranged by the complainant.

Cont…………..3

:3:

M. A. NO-248/2019

Arising out of C.C. No-308/2018

The Ld. Engineer Commissioner is hereby requested to intimate both the parties in writing well ahead of such commission regarding the date and time. After completion of commission work the Ld. Engineer Commissioner is requested to submit his expert report along with field note before this Ld. Forum by 22.08.2019

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

                                                          Member                                  President

                                              Dictated & Corrected by