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Judgment
Dr. Inder Jit Singh, Presiding Member
The Case may be registered as First Appeal.
The main contention of the Appellant in the present Case, listed as First Appeal though filed as Revision Petition, is that the Order dated 31.03.2023 of the West Bengal State Consumer Disputes Redressal Commission at Kolkata (for short the State Commission) in IA/206/2023 in CC/788/2018, appointing an Automobile Engineer from the Transport Department, Government of West Bengal to act as an Expert, is not in accordance with Section 13(1)(c) of the Consumer Protection Act, 1986, which envisages referring the sample of defective goods to an appropriate laboratory for analysis or test. The Appellant has submitted a long list of 289 BIS Recognised Laboratories, without even specifying as to which of these laboratories are the appropriate laboratories for analysis or testing of defective automobiles. Even during the hearing also the Counsel could not pin point any specific laboratory out of this list for automobiles.
A perusal of the Impugned Order of the State Commission shows that they have appointed an Automobile Engineer as Commissioner to inspect/examine the Car in question and determine if there is any inherent defect in the said Car. It is also noted that the Appellant (OP-1 before the State Commission) did not file any Written Objections to the said IA.
Heard the learned Counsel for the Appellant.
We do not find any infirmity or illegality in the Impugned Order dated 31.03.2023 of the State Commission. Accordingly, the present Case, listed as First Appeal though filed as Revision Petition, is dismissed.