Complaint Case No. CC/12/126 |
| | 1. LITTO JOSE | S/O JOSE, ARIMBUR CHIROOTH HOUSE, KANJANY DESOM, THRISSUR REP. BY POWER OF ATTORRNEY HOLDER, TITTO, ARIMBUR CHIROOTH HOUSE, KANJANY DESOM, THRISSUR |
| ...........Complainant(s) | |
Versus | 1. DIRECTOR, THANKAMMA JOSEPH, ALLIANCE HUBITAT AND REAL ESTATE ( INDIA ) PVT LTD | 32/3007 B2, AYSHA ROAD, ANCHUMURI VYTTILA, PIN 682 019 | 2. THANKAMMA JOSEPH | W/O K.A JOSEPH, CANDLES, VINOBHA NAGAR, CHILAVANNOR, KOCHI 682 020, DIRECTOR, ALLIANCE HABITAT & REAL ESTATE (INDIA) | 3. PAREEKUTTY | S/O AREDATH AHAMMED, CHELAKAVIL-PADINJARE PURAYIDAM, THENGODE P.O 682 030 | 4. ALIYAR | AREDATH AHAMMED, CHELAKAVIL-PADINJARE PURAYIDAM, THENGODE P.O, 682 030 | 5. KOCHUNNI | S/O AREDATH AHAMMED, CHELAKAVIL-PADINJARE-PURAYIDAM, THENGODE P.O, PIN 682 030 | 6. BAVAKUNJU | S/O.PAREED,CHALAKKAVIL,PADINJARE PURAYIDAM, THENGODU.P.O., THENGODUKARA, KAKKANAD VILLAGE, KANAYANNOOR TALUK, PIN-682 030 | 7. RAMLET | W/O BAVAKUNJA, CHELAVAIL PADINJARE PURAYIDAM, THENGODE P,O, 682 030 |
| ............Opp.Party(s) |
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ORDER | BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM. Date of filing : 05/03/2012 Date of Order : 30/11/2012 Present :- Shri. A. Rajesh, President. Shri. Paul Gomez, Member. Smt. C.K. Lekhamma, Member. C.C. No. 126/2012 Between
Litto Jose, S/o. Jose, | :: | Complainant | Arimbur Chirooth House, Kanjany Desom, Thrissur, Rep. by Brother, Power of Attorney Holder, Titto, S/o. Jose, Arimbur Chirooth House, Kanjany Desom, Thrissur. |
| (By Adv. Rajeswary, Chamber of Law & Justice, Khadeeja Bai Trust Bldg., Arangath Road, Pulleppady, Cochin - 18) |
And
1. Director, Mrs.Thankamma Joseph, | :: | Opposite Parties | Alliance Habitat and Real Estate (India) Pvt. Ltd., 32/3007 B2, Aysha Road, Anchumuri, Vyttila – 682 019, Ernakulam. 2. Mrs. Thankamma Joseph, W/o.K. A. Joseph, Candles, Vinobha Nagar, Chilavannoor, Kochi – 20, Director, Allianace Habitat and Real Estate (India). 3. Pareekutty, S/o. Aredath Ahammed, Chelkavil, Padinjare Purayidam, Thengode. P.O., Pin – 6782 030. 4. Aliyar, S/o. Aredath Ahammed, Chelkavil, Padinjare Purayidam, Thengode. P.O., Pin – 682 030. 5. Kochunni, S/o. Aredath Ahammed, Chelkavil, Padinjare Purayidam, Thengode. P.O., Pin – 6782 030. 6. Bavakunja, S/o. Pariyathu, Malayil House, Thengodu. P.O. - 682 030, Kakkanadu Village, Ernakulam. 7. Ramlet, W/o. Bavakunja, Chelkavil, Padinjare Purayidam, Thengode. P.O., Pin – 682 030, Ernakulam. |
| (Op.pts by Adv. Sunny Varghese, Faizal Chamebrs, Pulleppady Cross Road, Cochin - 18) |
O R D E R A. Rajesh, President.
1. The undisputed facts of the complainant's case are as follows :- Fascinated by the assurances of the opposite parties, the complainant booked a flat with them and paid Rs. 50,000/- on 13-11-2007, Rs. 4,01,338/- on 05-12-2007, Rs. 4,52,482/- on 06-01-2009 and Rs. 4,52,482/- on 28-01-2009. The total price agreed by the opposite parties was Rs. 29,96,548/- and the opposite parties agreed to deliver the possession of the flat within January 2010. In spite of receipt of the above amounts, the opposite parties neither started construction of the apartment nor did refund the amount collected from the complainant. On 01-02-2010, the complainant caused to issue a lawyer notice to the opposite parties demanding to refund the total amount of Rs. 13,86,302/- together with 18% interest p.a. But, there was no response on the part of the opposite parties. The complainant is entitled to get the amount refunded with interest from the opposite parties together with Rs. 2 lakhs towards compensation. This complaint hence.
2. The opposite parties duly accepted the notice issued from this Forum, but opted to remain absent for reasons of their own. Proof affidavit has been filed by the complainant and Exts. A1 to A10 were marked on his side. Heard the counsel for the complainant.
3. The points that came up for consideration are as follows :- Whether the complainant is entitled to get refund of Rs. 13,86,302/- with interest from the opposite parties? Whether the complainant is entitled to get a compensation of Rs. 2 lakhs from the opposite parties?
4. Point No. i. :- Ext. A1 is the agreement for construction entered into between the 1st opposite party and the complainant on 26-04-2008. Ext. A2 is the agreement for sale of flat No. 5D comprising of 1330 sq.ft. at a total price of Rs. 29,96,548/-. In furtherance of Exts. A1 and A2 agreements, the complainant paid the following amounts towards the sale consideration of the flat to the opposite parties.
Sl. No. | Date | Exhibits | Amount in Rs. |
| 13-11-2007 | A7 | 50,000/- |
| 13-11-2007 | A8 | 4,01,338/- |
| 12-01-2009 | A9 | 4,52,482/- |
| 27-01-2009 | A10 | 4,52,482/- |
| Total |
| 13,56,302/- |
5. As per Ext. A1, the opposite parties agreed to hand over the possession of the apartment by January 2010. However, the opposite parties failed to comply with the terms and conditions in Ext. A1. Nothing is forthcoming on the part of the opposite parties for the non-compliance of the agreement. Being the directors of the 1st opposite party, the opposite parties 2 to 7 are also liable to refund the amounts as per Exts. A7 to A10 to the complainant with interest. Our decision is based on the authoritative pronouncement rendered by the Hon'ble National Consumer Disputes Redressal Commission in Mehta Build Con. Ltd. Vs. Kanta Rani & Others III (2012) CPJ 24 (NC).
6. Point No. ii. :- We have duly considered the grievances of the complainant and directed the opposite parties to refund the amounts to the complainant with interest. We are of the firm view that the agony of the complainant is compensated by the above order without any consequence. So, we refrain from ordering any compensation to the complainant.
7. In the result, we partly allow the complaint and direct that the opposite parties shall jointly and severally refund the amounts as per Exts. A7 to A10 to the complainant with interest at the rate of 12% p.a. from the date of receipts till realisation.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order. Pronounced in the open Forum on this the 30th day of November 2012.
Sd/- A. Rajesh, President. Sd/- Paul Gomez, Member. Sd/-C.K. Lekhamma, Member.
Forwarded/BY Order,
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of the agreement dt. 26-04-2008 | “ A2 | :: | Copy of the agreement dt. 31-12-2008 | “ A3 | :: | Print out of the ledger copy | “ A4 | :: | General Power of Attorney | “ A5 | :: | Copy of the letter dt. 01-02-2010 | “ A6 | :: | Copy of the lawyer notice dt. 12-05-2010 | “ A7 | :: | Copy of the receipt dt. 13-11-2007 | “ A8 | :: | Copy of the receipt dt. 13-11-2007 | “ A9 | :: | Copy of the receipt dt. 12-01-2009 | “ A10 | :: | Copy of the receipt dt. 27-01-2009 |
Opposite party's Exhibits :: Nil
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