IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA Dated this the 28th day of August, 2009. Present : Sri. Jacob Stephen (President) Smt. C. Lathika Bhai (Member) Sri. N. Premkumar (Member) C.C.No.38/09 Between: - John Thomas,
S/o. Rev. J. Thomas, Koleth House, J.P. Nagar, 18/S-1, Thiruvalla R.S.P.O, Thiruvalla Taluk. - Mariamma John Koleth,
W/o. John Thomas Koleth, -do. –do. (By Adv. George. M. George) ….. Complainants And: - CVP Relators(P) Ltd.,
Cross Junction, Thiruvalla – 1. - CVP Relators (P) Ltd.,
Rep. by John C.P., Managing Director, Chandraviruthil House, Kulakkad, Thiruvalla – 1. Now at, C.P. John, Managing Director, CVP Relators(P) Ltd., CVP City Tower, T.K.Road, Thiruvalla – 1. (By Adv. Thomas Mathew) ….. Opposite parties. O R D E R Sri. Jacob Stephen (President): Petitioner filed this petition for getting a relief from the Forum. 2. The petitioner’s case is that on 31.3.2004 petitioners and opposite parties executed an agreement for sale of 261 sq.ft. of shop on the 1st floor numbered as 1/6th in a multistoried building complex by name and style CVP City Centre for a consideration of Rs.5,87,250 after its construction. The said amount was also received by the opposite parties on the same day undertaking to complete the construction and hand over the key of the shop room to the complainant by the end of December 2004. But the opposite parties has not completed the construction or delivered the key so far contrary to the agreement. But the opposite parties sent letters dated 2.4.2004, 16.10.2004, 27.12.2004, 7.3.2007 and 20.9.2007 to the complainants stating the inability of the opposite parties to complete the project as agreed earlier. Finally the petitioners issued a registered notice on 1.12.2008 to the opposite parties and the same was accepted by the opposite parties on 6.12.2008. Even after the acceptance of the said notice also, the opposite parties have not handed over the key as per the agreement. The above said act of the opposite parties is a deficiency of service, which caused mental agony and financial loss to the complainant. Hence this complaint for the realization of the amount of Rs.5,87,250/- with 24% interest from 31.3.2004 with compensation of Rs.50,000/-. 3. In this case, the opposite parties have not turned up. Hence they were declared as exparte. 4. In order to prove the complainant’s case, the 1st complainant has filed a proof affidavit narrating his case along with certain documents. On the basis of the proof affidavit complainant was examined as PW1 and the documents produced by the complainant were marked as Exts.A1 to A6. Ext.A1 is the agreement-dated 31.3.2004 executed by the parties. Ext.A2 series are the letters sent by the opposite party to the complainant. Ext.A3 series are the copy of registered advocate notices dated 1.12.2008 sent by the complainant to the opposite parties. Ext.A4 series are the postal receipts of Ext.A3 notices. Ext.A5 series are the acknowledgment cards of Ext.A3 notices. Ext.A6 is another letter-dated 20.9.2007 sent by the opposite parties in favour of the complainant. 5. On a perusal of the materials on record (Ext.A6), it is seen that the opposite parties have collected an amount of Rs.5,87,250/- from the complainants agreeing to hand over the key of a shop room having an area of 261 sq.ft. in a multi storied building complex of the opposite parties vide Ext.A1 agreement. Since the opposite parties are exparte, the complainant’s case against the opposite party stands proved unchallenged. The non-performance of the terms of Ext.A1 agreement after receiving the entire amount by the opposite parties is a clear deficiency of service and they are liable to the complainant for the said deficiency of service. In the circumstances, this complaint can be allowed with compensation. 6. In the result, this complaint is allowed, thereby the opposite parties are directed to pay an amount of Rs.5,87,250/- (Rupees Five lakhs eighty seven thousand two hundred and fifty only) with 10% interest per annum from 31.3.2004 till this date with compensation of Rs.10,000/- (Rupees Ten Thousand only). No cost is ordered, as the complainant has not demanded any amount as cost. Opposite parties are directed to pay the amount so awarded to the complainant within 30 days from the date of receipt of this order, failing which the complainants are allowed to realize the whole amount from the opposite parties with 12% interest per annum from this date till the realization of the whole amount. Declared in the Open Forum on this the 28th day of August, 2009. (Sd/-) Jacob Stephen, (President) Smt. C. Lathika Bhai (Member) : (Sd/-) Sri. N. Premkumar (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant: PW1 : John Thomas Koleth Exhibits marked on the side of the complainant: A1 : Agreement dated 31.3.2004 A2 : Letter dated 27.12.2004 sent by the opposite party to the complainant A2(a) : Letter dated 16.10.2004 sent by the opposite party to the complainant A2(b) : Letter dated 27.12.2004 sent by the opposite party to the complainant A2(c) : Letter dated 7.03.2007 sent by the opposite party to the complainant A3 & A3(a) : Advocate notices dated 1.12.2008 sent by the complainant to the opposite parties. A4 & A4(a) : Postal receipts A5 & A5(a) : Acknowledgment cards A6 : Letter dated 20.9.2007 sent by the opposite party to the complainant. Witness examined on the side of the opposite party: Nil. Exhibits marked on the side of the opposite party: Nil. (By Order) Senior Superintendent. Copy to:- (1) John Thomas, Koleth House, J.P. Nagar, 18/S-1, Thiruvalla R.S.P.O, Thiruvalla Taluk. (2) Mariamma John Koleth, -do. –do. (3) CVP Relators(P) Ltd., Cross Junction, Thiruvalla – 1. (4) John. C.P., Managing Director, CVP Relators (P) Ltd., CVP City Tower, T.K.Road, Thiruvalla – 1. (5) The Stock File.
......................Jacob Stephen
......................LathikaBhai
......................N.PremKumar | | 
