Goa

StateCommission

TA/2/2014

LULU Hyper Market - Complainant(s)

Versus

Micheal Vaz & others - Opp.Party(s)

Atul Apte

13 Jun 2014

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
Transfer Application No. TA/2/2014
 
1. LULU Hyper Market
Wadha Mall,P.O.Box 4048, Abu Dhabi,UAE represented by authorized signatory Muthamparambil Damodharan Das, resident of Chlakudy, Kerala, India
...........Appellant(s)
Versus
1. Micheal Vaz & others
Vaz Residency, Bicholim,Goa
2. Haier India Pvt. ltd.
Office at A-3 1, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi-110044
3. Haier Appliances India Pvt. Ltd. (Branch Office)
Commercial Building, Near Canara Bank, Margao,Goa
...........Respondent(s)
 
BEFORE: 
 HONABLE MR. JUSTICE N.A.Britto PRESIDENT
 HONABLE MRS. Smt.Vidhya R. Gurav MEMBER
 
For the Appellant:
For the Respondent:
ORDER

In our view, considering the facts, the application deserves to succeed. The apprehension expressed on behalf of the Applicant/OP No. 1 is reasonable and is well founded. Justice must not only be done but appear to have been done. Inconvenience to the Complainant cannot outweigh this time tested principle. We need only observe that the President ought not have sent the legal notice particularly in consumer matters as if the notice has been sent by the President himself. Shri. Vaz, the lr. advocate would be free to approach any authority including the Bar Council for any action he deems fit and proper to be taken against the President.

We have already expressed a doubt in TA No. 05/13 by order dated 12/02/2014 that with the President around, it may not be possible for two members to hear and dispose off a complaint when such an arrangement is objected to by some of the parties. We, therefore, have no other option but to allow the application and order that CC No. 39/14 on the file of the North Goa District Forum at Porvorim shall be transferred to the South Goa District Forum at Margao.

We are told that the complainant has already produced his evidence. We direct all the parties to appear before the South Goa District Forum at Margao on 03/07/2014 at 10:30 a.m. We further direct all the OPs to produce their evidence on that day. We also direct the Lr. South Goa District Forum to dispose off the complaint thereafter in accordance with law as expeditiously as possible and in any event within four weeks therefrom.

Application allowed in terms of prayer (b). No costs.

 
 
[HONABLE MR. JUSTICE N.A.Britto]
PRESIDENT
 
[HONABLE MRS. Smt.Vidhya R. Gurav]
MEMBER

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