NCDRC

NCDRC

RP/220/2009

H. ANANDA & ANR. - Complainant(s)

Versus

VICTOR M D'SILVA & ANR. - Opp.Party(s)

MR. B. SUBRAHMNYA PRASAD

15 Jul 2009

ORDER

Date of Filing: 29 Jan 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/220/2009
(Against the Order dated 12/08/2008 in Appeal No. 312/2008 of the State Commission Karnataka)
1. H. ANANDA & ANR.S/o.Late B. Narayana R/o. Andnda Apartments, Kadri Dist. Mangalore - 575 002Karnataka ...........Appellant(s)

Vs.
1. VICTOR M D'SILVA & ANR.S/o.Late Sri. John Emanuel D.Silva, R/o. Flat No. 7, Harikeerthi Apartment, Shivabagh 2nd Cross Kadri Dist. Bangalore - 2 Karnataka 2. STELLA ANASTASIS D. SILVA W/o. Victor M.D.Silva R/o. Flat No.7. Harikeerthi Apartment Shivabagh 2nd Cross Kadri Mangalore-2Karnataka ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. B. SUBRAHMNYA PRASAD
For the Respondent :NEMO

Dated : 15 Jul 2009
ORDER

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          Limited notice was issued to the respondents for today regarding providing of ‘Lift’ in the building.  Regarding all other points, the order of the District Forum and the State Commission was affirmed.

          We had directed counsel for the petitioner to put on record the Grounds of Appeal filed before the State Commission to ascertain as to whether point regarding non-provision of Lift in the Agreement had been taken up by the petitioner in the Grounds of Appeal or not. 

          Counsel for the petitioner has filed Grounds of Appeal filed before the State Commission.  On perusal of the same, we find that the petitioner had not taken the point regarding non-provision of Lift in the Grounds of Appeal before the State Commission.  Before the State Commission, this point was not argued.

 


-3-

            Since this point had not been taken before the State Commission, the same cannot be permitted to be taken in the revision petitions before us.  Revision petitions are dismissed.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER