KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM

CC.66/2012

JUDGMENT DATED:03. 01.2014

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                        :  PRESIDENT

SHRI.V.V. JOSE                                                                   : MEMBER

1.    Titus.V.I,

Stoyan Villa,

Karivelil.P.O,

Ezhukone, Quilon,

Kerala.

Now Residing at                                               : COMPLAINANT

P.O.Box 4416,

Al Qasima Road,

Sharjah,

U.A.E.

(By Adv: Sri.Prabhu Vijayakumar)

            Vs.

Apple A Day Properties Pvt. Ltd.,

Apple Tower, Palarivattom,

N.H.Bye Pass, Edappally,

Ernakulam. R/by its                                                           : OPPOSITE PARTY

Managing Director,

Saju Kadavilan of   -do-  -do-

 JUDGMENT

JUSTICE SHRI. P.Q. BARKATHALI:  PRESIDENT

          This is a complaint filed under section-12 of the Consumer Protection Act 1986 by the complainant claiming refund of the amount paid by him to the opposite party with interest and compensation.

2.      The case of the complainant as detailed in the complaint in brief is this:-

The opposite party is M/s Apple A Day Properties Private Limited represented by its Managing Director.  Complainant had booked an apartment No.G.102 (Phase 3 Nano Homes) in New Cochin Project of the opposite party who is a builder.  Complainant has also entered into an agreement with the opposite party.  Complainant had paid Rs.5,50,000/-.  Opposite party assured that flat will be delivered in May 2012.  But the opposite party failed to deliver the flat.  Opposite party did not sent any reply to the notice sent by the complainant.  Therefore complainant filed this complaint seeking a direction directing the opposite party to complete the construction of the apartment and hand over the same to the complainant or refund Rs.5,50,000/- with interest at the rate of 18% per annum and also claimed a compensation of Rs.15,00,000/-.

3.      Opposite party remained absent though he received notice.  Therefore he set exparte.  Complainant filed proof affidavit and Exts.A1 to A6 were marked.  As the case of the complainant is proved complaint is allowed.

4.      The opposite party is directed to complete the construction of the apartment under G-102 the phase 3 Nano Homes, New Cochin Project within 6 months from this day or alternatively refund the amount paid by the complainant ie Rs.5,50,000/- with interest at the rate of 18% per  annum from the date of payment till realization.  Opposite party is also directed to pay compensation of Rs.15,00,000/- to the complainant with interest at the rate of 12% per annum from the date of complaint till realization and a cost of Rs.25,000/-.

JUSTICE P.Q. BARKATHALI:  PRESIDENT

V.V. JOSE : MEMBER

VL.