The appointment of an expert by the Consumer Forum to verify alleged facts is authorized under Section 13(1)(c) of the Consumer Protection Act, 1986.

Mr. Justice M.S. Rane, President—We are proceeding to dispose of this appeal at the stage of admission itself.

The appellant is the original O.P. in the aforesaid complaint, and its taking exception to the order dated 5th July, 2001 of that Forum whereby the District Forum has held the appellant being deficient in rendering services in respect of the construction of a Borewell for the respondent-original complainant.

2. The complainant has engaged the services of the appellant for construction of the borewell in his field. The said transaction is documented by an agreement thereby set out the total consideration to be paid as also other related terms.

3. The complainant has approached the District Forum with a grievance that the appellant-original O.P. did not execute the work properly and adjustment of the pipes was not properly done and complainant did not get the satisfactory result.

4. Before the District Forum, District Forum itself appointed the Commissioner by engaging an expert of the Government Department who ascertained the position and, accordingly, the expert submitted his report supporting the case and claim of the complainant that the appellant herein was negligent in execution of the construction work of the borewell.

5. The appellant except ascertaining that the report was not properly obtained, did not adduce any evidence to dilute the report of the expert. Apart therefrom the contention of the appellant cannot be accepted to the fact that appointment of the expert was not properly done. As a matter of fact under Section 13(1)(c) of Consumer Protection Act, 1986 Consumer Forum is authorised and empowered to have its facts alleged verified through an expert.

ORDER

1. No merits. Appeal stands dismissed.

2. Copies to be furnished to the parties.

Appeal dismissed.