ROSARIO COLACO Vs. AGNELO CORNEIRO PERCY GONSALVES

JUDGEMENT

(1.) THE Petitioner is the opposite party in Consumer Dispute No. 46/2004 on the file of the Consumer Disputes Redressal Forum (District Forum), North Goa. He is aggrieved by the order dated 22.11.2007 whereby his application dated 2.8.2007 for dismissal of the complaint was dismissed. The Respondent is the Complainant.

(2.) THE Petitioner filed an application before the Trial Forum for dismissal of the proceedings on 2.8.2007 on the grounds that the complaint had been filed by the Complainant through his duly constituted attorney; likewise, the affidavit in evidence was also filed by the attorney. The Complainant relied on decision of Uttar Pradesh State Commission in Saurabh Offset Printers v. K.S. Gupta, 2002 2 CPJ 441, wherein a complaint filed through a power of attorney holder was dismissed.

(3.) IN the order under challenge, the District Forum observed that the proceedings had reached the stage of final arguments and that the application is to be decided along with merits.