Goa

StateCommission

RP/4/2014

Maria June Coutinho e Fernandes & another - Complainant(s)

Versus

Dilip G. Colaco & others - Opp.Party(s)

Nigel da Costa Frias

25 Jun 2014

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
Revision Petition No. RP/4/2014
(Arisen out of Order Dated 07/04/2014 in Case No. CC/112/2013 of District North Goa)
 
1. Maria June Coutinho e Fernandes & another
First Floor of Sukrita Building, Near Naag Temple, Murida, Fatorda, Salcete,Goa
South
Goa
2. Raimundo Santu Prabhu Fernandes
First floor of Sukrita Building, Near Naag Temple, Murida, Fatorda, Salcete,Goa
South
Goa
...........Appellant(s)
Versus
1. Dilip G. Colaco & others
Om Sorm Tirth Cooperative Society Ltd, Flat No. 9B, Shirly, Bandra, Mumbai-400 050 represented by Attorney Joseph Monserrate, Resident of Mapusa Goa
Goa
2. Ray Colaco
Om Sorm Tirth Cooperative Society Ltd, Flat No. 9B, Shirly, BAndra, Mumbai-400 050 represented by Attorney Joseph Monserrate, Resident of Mapusa Goa
3. Aruna Fernandes
Om Sorm Tirth Cooperative Society Ltd, Flat No. 9B, Shirly, BAndra, Mumbai-400 050 represented by Attorney Joseph Monserrate, Resident of Mapusa Goa
4. Anthony Fernandes
Om Sorm Tirth Cooperative Society Ltd, Flat No. 9B, Shirly, BAndra, Mumbai-400 050 represented by Attorney Joseph Monserrate, Resident of Mapusa Goa
5. M/s Clay Mark Developers
House No. 367,W-2, Rangel Residency, Near Don Bosco Tech. Institiute, Fatorda,Salcete, Goa
South
Goa
6. The Chairman/Secretary, Sukrita Cooperative Housing Society Ltd.
Murida, Fatorda, Salcete, Goa
South
Goa
...........Respondent(s)
 
BEFORE: 
 HONABLE MR. JUSTICE N.A.Britto PRESIDENT
 HONABLE MR. Shri. Jagdish Prabhudesai MEMBER
 
For the Petitioner:
For the Respondent:
ORDER

The complaint was filed by pleading a cause of action which took place upon expiry of 15 days of service of notice dated 17/4/10. The relief sought to be added to the complainant by application dated 7/2/14 was therefore clearly time barred, the same having not been filed within 2 years from the date of accrual of cause of action. An application for amendment for seeking relief which is time barred is not to be granted. Granting such an application will also further delay the complaint, disposal of which has already been delayed.

We, Therefore, find there is no merit in this revision and consequently the same is hereby dismissed with costs of Rs. 500/- to be paid to each set of Respondents. The Lr. District Forum is hereby directed to expedite the disposal of the complaint as expeditiously as possible.

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

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