LAWS(NCD)-2013-7-6

MARIO JOSEPH Vs. MARY FERNANDES

Decided On July 04, 2013
Mario Joseph Appellant
V/S
MARY FERNANDES Respondents

JUDGEMENT

(1.) IN this revision petition there is challenge to order dated 4.4.2013 passed by Consumer Disputes Redressal Commission, Panaji -Goa (for short, 'State Commission ').

(2.) RESPONDENT /complainant had filed a complaint under Section 17 of the Consumer Protection Act, 1986(for short, 'Act ') against Petitioner/O.P. on the ground that respondent has executed a registered sale deed dated 15.09.2008 in favour of the Petitioner in respect of property in question for a consideration of Rs.48 lacs. Since, respondent had incurred certain expenses for the improvement and development of the property for which petitioner has agreed to pay to the respondent a sum of Rs.27 lacs by way of reimbursement. As respondent failed to pay the same, a consumer complaint was filed before the State Commission.

(3.) THAT application was dismissed by the State Commission, vide order dated 08.01.2013 observing that "in case the complainant has not brought certain facts on record through his affidavit -in -evidence, the O.P. is always free to do so through their affidavit or their witnesses ".