Goa

StateCommission

MA/06/2010

Mr. Jose Nicostrato Silvera & Others - Complainant(s)

Versus

Mr. Agnelo F Merces Soares & Others - Opp.Party(s)

Noronha

17 Feb 2015

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
Miscellaneous Application No. MA/06/2010
In
EA/10/2010
 
1. Mr. Jose Nicostrato Silvera & Others
Vasco-Da-Gama, Goa
...........Appellant(s)
Versus
1. Mr. Agnelo F Merces Soares & Others
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

We have heard Lr. Adv. Ms. N. Chari, on behalf of the Complainant/DH, on application dated 5/2/15.  OP No. 3/JD No. 3 is present in person. 

 

2.     By the said application, the Applicant/DH seeks review of order of this Commission dated 28/8/12 stating that a sum of Rs. 50,000/- is also required to be recovered from the OP/JD No. 3. 

3.    We asked the lr. advocate as to why the Complainant/DH waited for almost 2 ½ years to file the application but lr. advocate has not been able to provide any explanation for the delay. 

4.      The application deserves to be dismissed for reasons more than one.  Firstly, the same has not been filed as required by Regulation 14(1)(iv) of the C.P. Regulations 2005.  Secondly, because this State Commission has not been conferred a power of review.  Thirdly, on merits, the sum of Rs. 50,000/- was included by the complainant in the statement given by the complainant claiming a sum of Rs. 9,51,209/- which was further verified by this State Commission and this State Commission ordered by order dated 28/8/12 that the OP/JD was liable to pay only a sum of Rs. 7,91,308/- + Rs. 13,446/- + Rs. 5000/- as on 15/5/12. 

5.     There is no dispute that the said amounts, as ordered to be paid to the complainant, by order dated 28/8/12 have been paid.  It is rather too late in the day to claim the said amount of Rs. 50,000/- as not having been included in the calculations finalized by order dated 28/8/12. 

6.     We find there is no merit in this application dated 5/2/15 and consequently the same is hereby dismissed.  Proceedings closed.  The Recovery Certificate may now be recalled unexecuted as the final Order/Decree has been satisfied.   

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

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