Goa

StateCommission

A/39/2014

Ida Almeida - Complainant(s)

Versus

Mahesh G Mehta & others - Opp.Party(s)

Vishwesh A Kamat

08 Sep 2014

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
First Appeal No. A/39/2014
(Arisen out of Order Dated 28/02/2014 in Case No. CC/94/2002 of District South Goa)
 
1. Ida Almeida
H.No.1001, Bainfol, Assolna, salcette
South Goa
Goa
2. Dr. Gabriel Galiazzo Almeida
4363,West, Harrison Road, Alma, Michigan,USA
3. Janalynn Hautala Almeida
4363,West, Harrison Road, Alma, Michigan,USA
4. Dr. Sexagessimo Peter Rudolph Almeida
51 Chateaux, Du Lac, Fenton, Michigan, USA
5. Marianne Lucinda Almeida
51 Chateaux, Du Lac, Fenton, Michigan, USA
6. Irma Philomena Almeida Joao(deceased)
R/o H. No. 1001, Bainfol, Assolna,Salcete Goa
7. Lida Matilda Almeida Joao
R/o H. No. 1001, Bainfol, Assolna,Salcete Goa
8. Dr. Zoya Vinita Joao
R/o H. No. 1001, Bainfol, Assolna,Salcete Goa
...........Appellant(s)
Versus
1. Mahesh G Mehta & others
Pasaydaan, Near Kartik Enclave/Arco Iris, Borda, Margao, Goa
South Goa
Goa
2. Bhavana M. Mehta
Pasaydaan, 2nd Floor, Near Kartik Enclave/Arco Iris, Borda, Margao, Goa
South
Goa
3. Sunil G. Mehta
Pasaydaan, 2nd Floor, Near Kartik Enclave/Arco Iris, Borda, Margao, Goa
South
Goa
...........Respondent(s)
 
BEFORE: 
 HONABLE MR. JUSTICE N.A.Britto PRESIDENT
 HONABLE MR. Shri. Jagdish Prabhudesai MEMBER
 
For the Appellant:
Ms. Lida Joao
 
For the Respondent:
OP No. 1 in person
OP No. 3 is represented by her sister Dr. Asha Thakar
 
ORDER

The consumer complaint filed by Adv. Ms. Lida Joao being CC No. 93/2002 was also dismissed for the same reason, but in FA No. 40/14 filed by her, we have set aside the impugned order and allowed the complaint. For the very same reasons, as recorded by us in FA No. 40/14 in today’s order, which can be considered as reproduced herein, particularly what is stated in paras 5 (mutatis-mutandis) and 7 onwards, we allow this appeal, as well, and set aside the impugned order dated 28/02/2014 and allow the complaint and direct OP No. 1 to pay to the complainants or to Complainant (f) as attorney of other Complainants, the sum of Rs. 20,000/- with pending and future interest @ 24% p.m. from December ‘98 until payment, in terms of prayer(1) of the complaint. Complainants are also held entitled to costs of Rs. 6,000/- of the complaint in terms of prayer(2) thereof and another sum of Rs. 5,000/- being costs of this appeal. The complaint and the appeal shall stand disposed off accordingly. This order is to be complied within 30 days.

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

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