BEFORE THE GOA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PANAJI-GOA In the matter of Misc. Application 09 of 2024 in Consumer Complaint 29 of 2019.

Before: Adv. Mrs. Varsha R. Bale, Officiating President Adv. Ms. Rachna Anna Maria Gonsalves, Member Mr. Anthony Philip Goes, S/o late Mr. Manuel Francisco Goes, A.C. Engineer/Businessmen, R/o H. No. 993/5, Nr. Padre Pio Chapel, Moddi, Mandop Navelim, Salcete Goa 403707. .…Decree Holder V Mr. Anthony Britto, S/o Mr. Constancio Britto, Builder by occupation, R/o H. No. 67/B Comba, Parricotto, Cuncolim, Goa 403707. ....Judgment Debtor-1 Mr. Ronnie Cruz Valente Fernandes, R/o Mr. Rosario Fernandes, Land Lord, R/o H. No. 223, Gottem, Cuncolim Salcete Goa 403703. ....Judgment Debtor-2 Mrs. Ella Fernanded, W/o Mr. Ronnie Cruz Valente Fernandes, Land Lady, R/o H. No. 223, Gottem, Cuncolim, Salcete Goa 403703. ....Judgment Debtor-3 Advocate Shri. Ashutosh Vicente Da Silva present along with Decree Holder in person.

Judgment Debtor-1 absent.

Adv. Shri. N. G. Kamat present for Judgment Debtors-2 & 3.

DATE: 18/03/2025 ORDER [per Adv. Ms. Rachna Anna Maria Gonsalves, Member]

1. This Order arises out of application for stay filed by the Judgment Debtors-2 & 3 in MA/09/2024 u/s 72 of the Consumer Protection Act 2019.

2. The Judgment Debtors-2 & 3 stated in the application dated 18/12/2024. That these Judgment Debtors have preferred an appeal registered as FA/110/2023 before the Hon’ble National Commission assailing the Decree sought to be executed, on various grounds:

i. That the Decree Holder is already notified in the said appeal which is scheduled to come up on 09/01/2025.

ii. That the Decree Holder is attempting to seek execution of the decree, although aware of the pendency of the Appeal, in a bid to frustrate the rights of these Judgment Debtors, thus taking advantage of the period taken for matter to come up for hearing, before the Hon’ble National Commission.

iii. Therefore, the Decree being under challenge, and in these circumstances cannot be considered to have attained finality being sub-judice before the competent First Appellate authority.

4. The Decree Holder filed reply and stated that the present execution proceeding and the Miscellaneous application are filed by Decree Holder in order to execute the Judgment and Order dated 07/12/2022 passed by this Commission.

The Decree Holder further stated that till date the Judgment Debtors have failed to comply with the said Judgment and Order dated 07/12/2022 passed by this Commission due to which immense hardship and loss is caused to the Decree Holder.

As stated by Decree Holder that only Judgment Debtors- 2 and 3 have preferred an Appeal registered as FA/110/2023 before the Hon’ble National Commission against the Judgment and Order dated 07/12/2022. Also that Judgment Debtor-1 has not challenged the said Judgment and Order and has hence attained finality against the said Judgment Debtor-1.

That the Decree Holder stated that till date no stay has been granted by the Hon’ble National Commission with regards to the Judgment and Order dated 07/12/2022, therefore the Execution proceeding and the Miscellaneous application cannot be stalled or kept in abeyance.

That the present application filed by Judgment Debtors-2 and 3 under reply is not maintainable in law and has only been filed to protract the present proceedings and that grave prejudice will be caused to the Decree Holder if the Judgment and Order dated 07/12/2022 is stalled.

Therefore the Decree Holder prayed that the application of Judgment Debtors-2 and 3 be dismissed with costs.

5. Heard arguments on behalf of Advocates for DH & JDs-2 & 3. Notice unserved to Judgment Debtor-1 returned with remark ‘unclaimed’. Judgment Debtor-1 absent. Inspite of opportunities granted Judgment Debtor-1 remained absent and failed to argue orally. Adv. Shri N. G. Kamat submitted and reiterated to this Bench that the JDs-2 & 3 have preferred an Appeal before the Hon’ble National Commission and was scheduled for