Expert Evidence Report
5 years ago
Consumer Forum sent notice as below
COMMISSION NOTICE
Whereas it is necessary for deciding this complaint a commission is to be appointed.
You are hereby appointed as the commission to inspect the disputed House.
The time, date and place of inspection should be informed to the parties well in advace.....
The commissioner is directed to submit a rport.......
Addressed to :- Assistant Executive Engineer,
PWD Building Section, Subdivision,
Civil Station, Calicut .
What happened:-
Assistant Executive Engineer depute an Assistant Engineer to inspect the House and report directly to H: Consumer Forum,
And the Assistant Engineer inspected the House and sent report directly to H: Consumer Forum.
My question:-
1) Is it legally possible that Assistant Executive Engineer can depute a Assistant Engineer to do the commission and to report directly to H: Consumer Forum, without permission of H: Consumer Forum?
2) Is it legally possible that Opposite Party can set-aside the same report from Assistant Engineer?
3) Whether I should request for another report from Assistant Executive Engineer through H: Consumer Forum?
Please Advice me
Thanks
My answers are as follows:
1) Is it legally possible that Assistant Executive Engineer can depute a Assistant Engineer to do the commission and to report directly to H: Consumer Forum, without permission of H: Consumer Forum?
Ans: Under Order 26 of Civil Procedure Code such commissions can be appointed but it may be objected to.
2) Is it legally possible that Opposite Party can set-aside the same report from Assistant Engineer?
Ans: If report is biased on its face or not clear to the points raised by parties then such report may be rejected and another commissioner will be appointed.
3) Whether I should request for another report from Assistant Executive Engineer through H: Consumer Forum?
Ans: Yes, you can.
For full procedure contact me on mobile through Vidhikarya.
Since this is from Consumer Forum you can attend this.
No problem
Shanti Ranjan Behera
Advocate
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