Goa

StateCommission

TA/3/2014

Dr. Rajan Suresh Gaonkar - Complainant(s)

Versus

Auto Industries Goa Pvt. Ltd. & another - Opp.Party(s)

Sheela Caeiro

08 Oct 2014

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
Transfer Application No. TA/3/2014
 
1. Dr. Rajan Suresh Gaonkar
R/o Flat No. S-3, Block A, Grace Emerald Plaza, Vaddie,Benaulim,Salcete,Goa
South
Goa
...........Appellant(s)
Versus
1. Auto Industries Goa Pvt. Ltd. & another
Opp Goa Bottling, Arlem, V N Naik Road, Fatorda, Goa 403602 Represented by The Managing Director
South
Goa
2. Iffco-Tokio General Insurance Co. Ltd.
Office at IFFCO SADAN, C1, Distt Centre, Saket,New Delhi 110017, having servicing office at A/2, 1st Floor, Reliance House, Isodorio Baptista Road, Pajifond,Margao,Salcete,Goa
South
Goa
...........Respondent(s)
 
BEFORE: 
 HONABLE MR. JUSTICE N.A.Britto PRESIDENT
 HONABLE MR. Shri. Jagdish Prabhudesai MEMBER
 
For the Appellant:
Adv. Ms. R. Alise
 
For the Respondent:
Adv. Shri. M. S. Joshi-Respondent No. 1
 
ORDER

Here is the case where the Complainant apprehended that the Lr. Member may not be fair to him when she had appeared as the advocate of OP No. 1 in another case, and being so, it was expected of the Lr. Member to have recused herself in deciding the complaint. The complaint could always have been decided by the other two members. It is for each member to decide, in given circumstances, whether he/she would be a party to the decision making process.

The application has been filed with several reliefs, including a prayer for transfer of the complaint to the North Goa District Forum, and, at the same time stating that the Complainant will have no objection in case the complaint is heard and decided by the other two members of the Forum. In view of the stand taken by the Complainant, we, hereby allow the application in terms of prayer (a) and direct the C.C. No. 26/13 filed by the Complainant be heard and disposed off in accordance with law by the other two members of the Lr. District Forum.

Order accordingly

 
 
[HONABLE MR. JUSTICE N.A.Britto]
PRESIDENT
 
[HONABLE MR. Shri. Jagdish Prabhudesai]
MEMBER

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