Goa

StateCommission

A/86/2014

Pedro Caetano Andre Fernandes - Complainant(s)

Versus

Sitara Motors Pvt. Ltd. Margao & another - Opp.Party(s)

Jose Reis

13 Nov 2014

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
First Appeal No. A/86/2014
(Arisen out of Order Dated 30/09/2014 in Case No. EA/22/2014 of District South Goa)
 
1. Pedro Caetano Andre Fernandes
3/G-4, Ashokvan Co-operative Housing Society Ltd, Ambaji, Fatorda,Goa
...........Appellant(s)
Versus
1. Sitara Motors Pvt. Ltd. Margao & another
Navelielle Highway, Colmorod,Navelim Goa
2. Bajaj Auto Ltd.
Regd Office, Akruti, Pune 411035
...........Respondent(s)
 
BEFORE: 
 HONABLE MR. JUSTICE N.A.Britto PRESIDENT
 HONABLE MRS. Smt.Vidhya R. Gurav MEMBER
 
For the Appellant:
For the Respondent:
ORDER

Heard Lr. Adv. Shri. Silva on behalf of the Appellant/Complainant.

By final order dated 28/09/12 in C.C. No. 11/03 the OPs were ordered to return to the Complainant “Sapphire” scooter after making it roadworthy. Compensation was also ordered to be paid in the sum of Rs. 20,000/-, which has been paid and accepted by the Complainant.

On representation made by Shri. Shirodkar, the lr. advocate of Respondent No. 1, that the vehicle was kept ready in their showroom alongwith fitness certificate, the Execution Application No. 22/14 filed by the Complainant was disposed off by order dated 13/09/2014. It is also recorded in the said order that the Complainant /DH is not willing to take the vehicle from the custody of Respondent No. 1, and, it is against this order that the present appeal has been filed, and Shri. Silva, the lr. advocate of the Appellant/Complainant has submitted that the delivery of the vehicle to the Complainant by Respondent No. 1 be ordered to be given in the presence of a Commissioner to be appointed by this Commission. We are not inclined to accept the said submission. Doing so, would amount to giong beyond the final order dated 28/9/12 as well as the application for execution. The Respondent No. 1 has already represented to the Lr.  District Forum that the vehicle is kept ready alongwith the fitness certificate. The Appellant/Complainant may take possession of the said vehicle and in case the Complainant/DH so desires with the assistance of an expert and if he finds that there are any deficiencies, he is always free to approach the District Forum.

With the above observations the FA is disposed off at the stage of admission.

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

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