State Consumer Disputes Redressal Commission
Mr. William Paul Dsouza, vs Mr. Norbert Shaba Rego, on 13 February, 2023
Cause Title/Judgement-Entry KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE. First Appeal No. A/217/2023 ( Date of Filing : 04 Feb 2023 ) (Arisen out of Order Dated 30/07/2022 in Case No. CC/238/2018 of District Dakshina Kannada) 1. Mr. William Paul DSouza, S/o Late David DSouza, Aged 56 years, 2. Mrs. Jecintha Lidwin DSouza, W/o Mr. William Paul DSouza, Aged 51 years, Both are permanently R/at Paladka Church Gate House, Paladka Post, Near Birav, Mangaluru Taluk, D.K. District - 574 226 Rep. by their GPA Holder, Mr. Victor John DSouza, S/o Late Salvadore DSouza, aged about 63 years, R/at Paladka Dwara House, Paladka Post, Mangaluru Taluk D.K. District 574 226 3. The Royal Pradise Apartment owners Association (Ad-hoc) Rep. by its Secretary, Mrs. Sharada Krishna Shetty., W/o Mr. Krishna Shetty., Aged about 56 years, The Royal Paadise Apartment, Near Little Star Indian School, Vidyagiri, Gandhi Nagar, Moodbidri, D.K. District - 574 227 4. Mrs. Sharada Krishna Shetty., W/o Mr. Krishna Shetty., Aged about 56 years, R/at Flat No.310, The Royal Paadise Apartment, 3rd Floor, Near Little Star Indian School, Vidyagiri, Gandhi Nagar, Moodbidri, D.K. District - 574 227 ...........Appellant(s) Versus 1. Mr. Norbert Shaba Rego, S/o Late Shaba Antony Rego, Aged 66 years, 2. Mr. Norman Rego, S/o Norbert Shaba Rego, Aged 31 years. Both are R/at Flat No.006, Nisha Finance, 3rd Floor, Near Little Star Indian School, Vidyagiri, Gandhi Nagar, Moodbidri, D.K. District - 574 227 ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE Huluvadi G. Ramesh PRESIDENT HON'BLE MR. Krishnamurthy B.Sangannavar JUDICIAL MEMBER HON'BLE MRS. Smt. Divyashree.M MEMBER PRESENT: Dated : 13 Feb 2023 Final Order / Judgement Dated: 13.02.2023 O R D E R
BY HON'BLE Mr. JUSTICE HULUVADI G RAMESH : PRESIDENT This Appeal filed by Complainants under Section 41(I)(iii) of Consumer Protection Act, 2019, aggrieved by an order dated 30.07.2022, passed in CC/238/2018 by District Consumer Disputes Redressal Commission, Mangalore (herein after referred as District Commission and the parties arrayed as in the consumer complaint) The Commission examined grounds of appeal, impugned order and heard learned counsel for appellant. Accordingly, found satisfied to dispense with issuance of notice of this appeal to be served on respondents to avoid further delay.
Complainants/appellants raised Consumer Complaint before the Commission below alleging deficiency in service on the part of OPs and pray for nearly 13 reliefs against the OPs in the complaint. During the course of enquiry, complainants/appellants filed an application under Order XXVI Rule 9 R/w Section 151 of CPC and sought for appointment of Commissioner by name Mr.Bharath J to inspect the residential apartment i.e., Royal Paradise Apartment, Near Little Star India School, Vidhyagiri, Gandhi Nagar, Moodbidri and note as much as 22 points and report the same before the Commission below. The Commission below after hearing on the said application, on 30.07.2022, allowed the application and directed the Commissioner to report only in respect of 'defects in the main door and latches and locks provided in the apartment and floor titles fitted in the apartment within one month from the date of the order'. Aggrieved by the said order complainants/appellants preferred this appeal for setting aside the order dated 30.07.2022. It is to be noted herein that Commissioner is appointed to elucidate any matter in dispute or to ascertain the amount of damages caused, through investigation. In the present case, the Commission below without appreciating all the points sought in the application and without examining the prayer sought in the complaint, directed Commissioner to note as much as two points, is converse to facts and law. In our view, the Commission below before giving directions to the Commissioner could have examined the pleadings, relief claimed and real controversy between the parties. Thus in such view of the matter, it would be just and proper to direct Commission below to follow memo of instruction by taking into account all the points submitted by complainants/appellant and get the report from Commissioner to that affect. Further Commission below is directed to re-fix the Commissioner's fees and collect the same from the complainants/appellants. Accordingly, proceed to allow this appeal. Consequently, set aside the order dated 30.07.2022 passed by District Consumer Disputes Redressal Commission, Mangalore, with a direction to Commission below to issue Commissioner's Warrant afresh and obtain report to decide the complaint in accordance with law.
Send a copy of this Order to the District Commission and parties to the appeal.
Lady Member Judicial Member President *GGH* [HON'BLE MR. JUSTICE Huluvadi G. Ramesh] PRESIDENT [HON'BLE MR. Krishnamurthy B.Sangannavar] JUDICIAL MEMBER [HON'BLE MRS. Smt. Divyashree.M] MEMBER