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Judgment
LEARNED Advocate Mrs. Sanil requests to convert the appeal into revision. Allowed to convert into revision application.
THIS revision is directed against the order passed below Exhibit 13 in Consumer Complaint No. 159/2003 passed by District Consumer Forum, Jalna, whereby District Consumer Forum, Jalna appointed Advocate Mr. G.G. Rathi as a Court Commissioner to assess the damage caused to the shed on account of hailstorm. Incident occurred on 20.5.2002. Forum below appointed Advocate as a Commissioner to assess the loss in December 2004. Therefore, the Insurance Company has challenged the correctness of the order. We heard Mrs. Urmila Sanil, Advocate for the appellant and Mr. Subodh Gokhale, Advocate for the respondent.
INCIDENT appears to have been occurred on 20.5.2002. The Forum below should not have appointed Commissioner in December 2004 to assess the damage caused to the shed in May 2002. Forum below should not have appointed an Advocate as a Commissioner to assess the damage caused to the shed. Advocate is not an expert in construction matters. Forum below has committed impropriety in appointing Commissioner about 2 1/2 years after the hailstorm. Impugned order, therefore, cannot be sustained in law. ORDER 1. Revision application is allowed. 2. Impugned order is quashed and set aside. 3. Forum below is directed to dispose of the main complaint as early as possible on the basis of material already placed on record. 4. Pronounced and dictated in the open Court. 5. Copies of the order be furnished to the parties. Revision Application allowed.