BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 31st day of January 2014
Filed on : 01/01/2013
PRESENT:
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member.
CC.1/2013
Between
A.M. Sasidharan, : Complainant
Silpa, HNR No.8,
Harihar Nagar, Thevara P.O., ( By Adv.Jacob Mathew Manalil, G-295,
Kochi- 13. Panampilly Nagar, Cochin-36)
Vs
1. Apple A Day Properties Pvt. : Opposite parties
Ltd., Apple Tower, Palarivattom, (By Adv. Peeyus A Kottam,
Edappally Bye-Pass Road, Door No. 40/9175, Chamber
Edappally P.O., Kochi-682 024. No. B-3, 1st floor, Sayyed Complex
Doraiswamy Iyer road, Cochin-35)
2. K.A. Saju,
Poovathumoottil Kadavil,
Edappally P.O.,
Kochi-682 024.
3. Rajeev Kumar Cheruvera,
D. No.1/77, Chandra Nivas,
Kudiyirickkapallil house,
Edappally, Ernakulam.
O R D E R
Sheen Jose, Member.
The undisputed facts of the complainant’s case are as follows:
The complainant is an allottee of a flat in the project ‘Apple One BHK’ promoted and proposed to be constructed by the 1st opposite party.
The 1st opposite party is a company and the 2nd and 3rd opposite parties are the directors of the 1st opposite party. The complainant has paid a total sum of Rs. 9,03,989/- to the opposite parties for construction of flat No. A117 in the project. The agreements for construction and sale of undivided share in land were entered into between the 1st opposite party and the complainant on 30-05-2008. As per the agreement the opposite parties agreed to complete the construction with 18 months. The opposite parties failed to perform the obligations under the agreements. The opposite parties have been paying compensatory rent @ Rs. 9,000/- per month as per the agreement though irregularly till January 2011. The amount due to the complainant for the last 23 months is Rs. 2,07,000/- and the opposite parties are to pay the same until construction is completed and possession is handed over. This complaint hence.
2. The opposite parties appeared through their counsel but thereafter they decided not to contest the matter. Proof affidavit has been filed by the complainant. Exbts. A1 to A10 were marked. Heard the learned counsel for the complainant.
3. The only point that comes up for consideration is whether the complainant is entitled to get rental compensation till he receives possession of the apartment.
4. The complainant and the 1st opposite party entered into Ext. A8 agreement on 30-05-2008 for construction of apartment. In furtherance of Ext. A8 agreement the complainant paid the agreements as per Ext. A1, A3 to A5 and A7 to the opposite parties. On 30-05-2008 itself the complainant and the opposite parties entered into Ext. A9 lease agreement. As per
clause 6 in Ext. A9 the opposite parties agreed to pay the complainant rent @ Rs. 9,000/- per month.
5. According to the complainant he had received rent as per Ext. A9 till January 2011. It is not in dispute that the opposite parties have not completed the construction of the apartment in consequence of Ext. A8 agreement. The complainant is legally entitled to get rent as stated in Ext. A9 from January 2011 till the actual date of delivery of possession of the apartment.
6. In the result, we allow the complaint and direct that the opposite parties shall jointly and severally pay to the complainant Rs. 9,000/- per month from January 2011 till the actual date of deliver of possession of the apartment.
Pronounced in the open Forum on this the 31st day of January 2014
Sd/- Sheen Jose, Member.
Sd/-A. Rajesh, President.
Sd/-Beena Kumari V.K., Member.
Forwarded/By Order,
Senior superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of receipt voucher
A2 : Copy of SBI Savings Schemes for safety
growth liquidity
A3 : Copy of Bank Receipt Voucher
A4 : Copy of bank receipt voucher dt. 10-07-2008
A5 : “ “ dt. 10-07-2008
A6 : “ “ dt. 09-05-2008
A7 : Copy of receipt voucher dt. 06/01/2009
A8 : Copy of construction of agreement dt. 25-04-2008
A9 : Copy of lease Agreement
A10 : Copy of Generally used abbreviations
Opposite party’s exhibits : Nil
