Goa

StateCommission

MA/50/2014

Anthony Cajetan D'Souza - Complainant(s)

Versus

M/s Atlantis International Trading Co. - Opp.Party(s)

02 Jan 2015

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
Miscellaneous Application No. MA/50/2014
In
MA/6/2013
 
1. Anthony Cajetan D'Souza
Cuchelim, Bardez
...........Appellant(s)
Versus
1. M/s Atlantis International Trading Co.
New Delhi
2. Godfrey Diogo Mascarenhas
Haridra, Flat 603, Plot 7, Sector 35G, OWE, Kahargar, Raigad, Dist 410210
3. Josephine Philomena Mascarenhas
Haridra, Flat 603, Plot 7, Sector 35G, OWE, Kahargar, Raigad, Dist 410210
4. Jerome Mascarenhas
Sahajeevan Co operative Scoiety R. No. 523, N. M. Joshi Marg, Lower Parel,Mumbai 13
5. Antonette Mascarenhas
Sahajeevan Co operative Society R. No. 523, N. M. Joshi Marg, Lower Parel, Mumbai 13
6. Rosaria Remediana Mascarenhas
D 414, Virgo Divya Park, Corner Karodi, Malad(W), Mumbai
7. MArtin Sebastian D'Mello
D 414, Virgo Divya Park, Corner Karodi, Malad(W), Mumbai
...........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 find there is no merit in the pbjections raised by the applicants/intervenors by their application dated 18/11/2014 and as such we proceed to dismiss the same. We make it clear that the complainant has no right to occupy the flat in question. The flat in question is required to be sold in terms of the Land Revenue Code and the Rules framed thereunder, so as to recover the amount due to the Complainant under the Recovery Certificate issued by this State Commission. The Applicants/Intervenors would be free to approach the appropriate Forum to recover the amount due to them under the arbitrator’s award dated 20/09/2011 which has already attained finality by virtue of the order dated 30/09/2014 of the Principal District Judge, Panaji.

Application dated 18/11/2014 filed by the Applicant/Intervenors is hereby dismissed with costs of Rs. 500/- to be paid by the Applicants/Intervenors to the Complainant/DH.

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

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