Goa

StateCommission

A/3/2023

Antonio Joao Bosco Lobo & others - Complainant(s)

Versus

M/s Redrock Projects - Opp.Party(s)

04 Sep 2023

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
First Appeal No. A/3/2023
( Date of Filing : 01 Mar 2023 )
(Arisen out of Order Dated in Case No. Review Application No. RA/1/2022 of District North Goa)
 
1. Antonio Joao Bosco Lobo & others
Resident of H. No. 5/203, Feira Alta, Mapusa Goa
North
Goa
2. Claudette Lobo also known as Maria Claudina Lobo
Through her attorney Appellant No. 1 Resident of H. No. 5/203 Feira Alta, Mapusa Goa
North
Goa
3. Tonio Lobo
Through her attorney Appellant No. 1 r/o H. No. 5/203,Rua Mgr. Rodolfo Delgado, Feira Alta, Mapusa Goa
North
Goa
...........Appellant(s)
Versus
1. M/s Redrock Projects
Through its partners 1. Riyaz Ramzanali Somani 2. Rafique Ramjanali Manji 3. Karishma Suresh Teckchandani Office at Rio Group B1, Redrock Elegance, Marna, Siolim, Bardez, Goa 403 517
North
Goa
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Varsha Bale PRESIDENT
 HON'BLE MR. Dr. N. Colvalkar MEMBER
 HON'BLE MS. Adv. Rachna Annamaria Gonsalves MEMBER
 
PRESENT:
Adv. Mrs. R. Prabugaonkar present for Appellant.
......for the Appellant
 
Dated : 04 Sep 2023
Final Order / Judgement

BEFORE THE GOA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

PANAJI-GOA

 

In the matter of First Appeal No. 03 of 2023 in Review Application 01 of 2022.

 

Before: Adv. Smt. Varsha R. Bale, Officiating President.

    Dr. Nagesh S. Colvalkar, Member

            

Mr. Antonio Joao Bosco Lobo,

s/o late Dr. Jose Leles Lobo,                     ……Appellant-1

 

and his wife,

 

Mrs. Claudette Lobo, also known as

Maria Claudina Lobo,

through her attorney Appellant-1              ……Appellant-2

 

Mrs. Tonia Lobo,

d/o Antonio J. B. Lobo,

Claudette Lobo, also known as

Maria Claudina Lobo,

through her attorney Appellant-1              ……Appellant-3

 

all above residents of,

H. No. 5/203, Feira Alta,

Mapusa, Goa.  

 

                                                

V.

 

 

Mr. Riyaz Ramzanali Somani               ......Respondent-1

 

Mr. Rafique Ramjanali Manji               ......Respondent-2

 

Ms. Karishma Suresh Tekchandani     ......Respondent-3

 

all having their office at

Rio Group B1, Redrock Elegance,

Marna Siolim, Bardez, Goa. 403517.

 

  • Adv. V. Thali present for Appellant. 
  • Respondents absent.

Date: 04/09/2023

 

JUDGMENT

[per Dr. Nagesh S. Colvalkar, Member]

 

  1. By this Judgment and Order we hereby dispose the First Appeal filed U/s 41 of CPA 2019, against the Judgment and Order dated 13/01/2023 passed in Review Application No. 01/2022 of District Commission, North.

 

  1. Appellant filed Appeal against Review Application dated 13/01/2023 before this Commission.

 

  1. The remedy to the Appellant is only to file Appeal against the Judgment of the District Commission, North before the State Commission and not an Review Application.

 

  1. Both the Parties filed Written Arguments and heard Final Oral Arguments of both the Parties.

 

  1. After hearing we come to the conclusion that there is no provision under the Consumer Protection Act 2019 for filing Appeal on Review Application. Therefore Appeal on Review Application does not lie before this Commission, hence we are of the opinion that this Review Application to be dismissed.

 

ORDER

  1. We hereby dismiss the Review Application with no order as to costs.

 

 

 

  1. Pronounced in open court.

 

  1. Proceedings in the matter stands closed.

 

 

 

[Adv. Smt. Varsha R. Bale]

Officiating President

 

 

 

 

 

[Dr. Nagesh S. Colvalkar]

                  Member

 

 

SN

 

 

 

 
 
[HON'BLE MRS. Varsha Bale]
PRESIDENT
 
 
[HON'BLE MR. Dr. N. Colvalkar]
MEMBER
 
 
[HON'BLE MS. Adv. Rachna Annamaria Gonsalves]
MEMBER
 

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