| Final Order / Judgement | 78KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM C.C. Nos. 222/2017, 223/2017 and 225/2017 JUDGMENT DATED: 03.09.2018 PRESENT : HON’BLE JUSTICE S.S. SATHEESACHANDRAN : PRESIDENT SRI. T.S.P MOOSATH : JUDICIAL MEMBER SRI. RANJIT. R : MEMBER C.C. No. 222/2017 COMPLAINANTS: - Zacharia Philip, Villa No. 5, Prestige Palm Green Villa, Kunjan Bawa Road, Vyttila-682 019 represented by power of attorney holder George Varkey, Orumath, Kolatheri Road, Poonithura-682 038.
- Shiny Ansa Philip, Villa No. 5, Prestige Palm Green Villa, Kunjan Bawa Road, Vyttila-682 019 represented by power of attorney holder George Varkey, Orumath, Kolatheri Road, Poonithura-682 038.
(By Adv. M.R. Jayaprasad) Vs. OPPOSITE PARTIES: - M/s DLF Southern Towns Pvt. Ltd., represented by its Authorized Signatory, Mr. K. Sivaprasad, Registered Office 1 E, Jhandewalan Extn, Naaz Cinema Complex, New Delhi-110 055.
- M/s DLF Southern Towns Pvt. Ltd., represented by its Authorized Signatory, Mr. K. Sivaprasad, Zonal Office, Oppoiste to Doordarshan Kendra, Seaport-Airport Road, Kakkanad P.O, Kochi-682 030.
C.C. No. 223/2017 COMPLAINANT: Onil Verghese, Rose Villa, Thevarakavu Road, Tripunithura, Kochi-682 031 represented by power of attorney holder George Varkey, Orumath, Kolatheri Road, Poonithura-682 038. (By Adv. M.R. Jayaprasad) Vs. OPPOSITE PARTIES: - M/s DLF Southern Towns Pvt. Ltd., represented by its Authorized Signatory, Mr. K. Sivaprasad, Registered Office 1 E, Jhandewalan Extn, Naaz Cinema Complex, New Delhi-110 055.
- M/s DLF Southern Towns Pvt. Ltd., represented by its Authorized Signatory, Mr. K. Sivaprasad, Zonal Office, Oppoiste to Doordarshan Kendra, Seaport-Airport Road, Kakkanad P.O, Kochi-682 030.
C.C. No. 225/2017 COMPLAINANT: Kabin George, Orumath, Koilatheri Road, Poonithura, Kochi-682038 represented by power of attorney holder George Varkey, Orumath, Kolatheri Road, Poonithura-682 038. (By Adv. M.R. Jayaprasad) Vs. OPPOSITE PARTIES: - M/s DLF Southern Towns Pvt. Ltd., represented by its Authorized Signatory, Mr. K. Sivaprasad, Registered Office 1 E, Jhandewalan Extn, Naaz Cinema Complex, New Delhi-110 055.
- M/s DLF Southern Towns Pvt. Ltd., represented by its Authorized Signatory, Mr. K. Sivaprasad, Zonal Office, Oppoiste to Doordarshan Kendra, Seaport-Airport Road, Kakkanad P.O, Kochi-682 030.
COMMON JUDGMENT HON’BLE JUSTICE S.S. SATHEESACHANDRAN : PRESIDENT These three complaint cases have been filed against common opposite parties by different complainants alleging deficiency in service over construction of flats and handing them over to the complainants. Complaint cases have been adjourned from time to time for hearing on admissibility as it appeared prima facie that the complaints are barred by limitation. In the complaint cases complainants have stated that one of the apartment owners in the housing construction put up by opposite parties filed a complaint before the district forum at Ernakulam and it was allowed by Order dated 28.11.2014. As against that order it is stated opposite parties preferred an appeal and that was dismissed by judgment dated 18.01.2015. Complainants have filed these complaints thereafter submitting that they have similar complaint as in the case decided, and the complaints are not barred by limitation thereto. We notice that all along complainants, owners of some apartments, have slept over their right and did not take any steps for redressal of their grievances, if any, and, only after favourable order has been obtained by another flat owner, they approached this Commission. That too, without showing any ground for condoning the delay in prosecuting their complaints. Complaints are clearly barred by limitation and are dismissed. JUSTICE S.S. SATHEESACHANDRAN : PRESIDENT T.S.P MOOSATH : JUDICIAL MEMBER RANJIT. R : MEMBER | |
