Goa

StateCommission

A/123/2013

Carolina Fernandes - Complainant(s)

Versus

M/s F. X. Builders & others - Opp.Party(s)

Santana Fernandes

28 Apr 2014

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
First Appeal No. A/123/2013
(Arisen out of Order Dated 29/11/2013 in Case No. CC/13/02 of District South Goa)
 
1. Carolina Fernandes
M.H.N. 55, Pixem Dongri, Vasco da Gama,Goa
...........Appellant(s)
Versus
1. M/s F. X. Builders & others
A partnership firm Under The Indian Partnership Act with office at 34, 1st Floor, Karma Point, Vasco da Gama, Goa
2. Vijay Pedro Valeriano Fernandes
Flat No. 304, F.X. Towers, Swatantra Path, Opp. M.P.T. Institute,Vasco-da-Gama,Goa
3. Ryan Anthony Hipolito Menezes
H. No. 258, Near Chapel, New Vaddem, Vasco-da-Gama,Goa
4. Subhash Kanji
S.K. Jewellers, Shop No. 20, Apna Bazar, Vasco-da-Gama,Goa
...........Respondent(s)
 
BEFORE: 
 HONABLE MR. JUSTICE N.A.Britto PRESIDENT
 HONABLE MR. Shri. Jagdish Prabhudesai MEMBER
 
For the Appellant:
For the Respondent:
ORDER

Considering the facts of this case, we find that there is nothing on record which favours the complainant to claim higher rate of interest. It is the complainant who got out of the agreement and sought refund of the money paid. It is the complainant who has been instrumental in prolonging the complaint by filing one or other applications. In the words of the OPs, in their application dated 23/2/12, the complainant whose brother is a lawyer has been acting under his advice and has been cantankerously moving one application after another to delay due process of law...etc. The Lr. District Forum has directed the refund of Rs. 3.42 lacs to the complainant with interest at the rate of 9% from the date of filing of the complaint and has also awarded compensation of Rs. 25,000/- and costs of Rs. 10,000/-. The complainants have got more than what was due to them. There is no appeal filed by the OPs. It is not a fit case to enhance interest ordered to be paid by the Lr. District Forum.

We therefore find there is no merit in this appeal and proceed to dismiss the same with costs of Rs. 2000/-. The OPs would be free to deduct the said costs from the decretal amount to be paid to the complainant, in case the same has not already been paid.

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

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