Goa

StateCommission

A/40/2014

Lida Joao - 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/40/2014
(Arisen out of Order Dated 28/02/2014 in Case No. CC/93/2002 of District South Goa)
 
1. Lida Joao
H.No.1001, Bainfol, Assolna, Salcette
South Goa
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
Psaydaan, 2nd Floor, Near Kartik Enclave,/Arco Iris, Borda, Margao, Goa
South
Goa
3. Sunil G. Mehta
Psaydaan, 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:
For the Respondent:
ORDER

We allow the appeal and set aside the impugned order dated 28/02/2014 and allow the complaint in terms of prayer (1) and direct OP No. 1 to refund to the Complainants the sum of Rs. 40,000/- with pending and future interest @24% per month from December’98 until payment. The Complainants are held entitled to costs of Rs. 12,000/- of the complaint in terms of prayer (2) thereof and another sum of Rs. 5000/- being costs of this appeal. Complaint and appeal shall stand disposed off accordingly.

We note that the Lr. District Forum has taken more than 14 years to dispose off the complaint, a complaint, which was required to be disposed off within 3 months or so in terms of sub-section (3A) of Section 13 of the Consumer Ptotection Act, 1986. In case the Final Order/Decree is not complied with by OP No. 1 and the Complainant is compelled to file execution proceedings to execute the same, we direct that such proceedings be disposed off, on merits of the same, as expeditiously as possible and in any event as per mandate of Section 13(3A) of the Act.

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

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