M. THANIKACHALAM J. - (1.) The complainant, leveling deficiencies against the builder/opposite parties, has filed a case before the District Forum in CC No.104/2009, seeking certain reliefs.
(2.) In that case, in order to note down the physical features and to quantify the damage also, the complainant moved the application, for the appointment of a commissioner, which was conceded by the District Forum, by the order dt.26.11.2009, which is impugned in this revision.
(3.) The learned counsel for the Revision Petitioner, would submit that the building was constructed in the year 2005, possession was handed over in 2005 itself, and therefore at this distance of time, if any damage had been caused to the building, it might be due to wear and tear, or by natural cause, which will not prove the actual damage claimed by the complainant, and this being the position, by the appointment of commissioner, and the commissioner inspecting the property, will not serve any purpose, which was not properly considered by the District Forum, which is opposed.;