Kerala

StateCommission

CC/14/58

JACOB CHACKO - Complainant(s)

Versus

JOHN C P - Opp.Party(s)

RAJMOHAN C.S

24 Jul 2015

ORDER

     KERALA  STATE CONSUMER  DISPUTES REDRESSAL

                     COMMISSION, THIRUVANANTHAPURAM

 

CC.No.58/2014

JUDGMENT DATED:24.07.2015

 

PRESENT:

JUSTICE. SHRI. P.Q.BARKATHALI                         : PRESIDENT

SHRI.V.V. JOSE                                                          : MEMBER

 

1. Jacob Chacko,  S/o P.C. Chacko,

Panikkaru Veedu,                                                                          

Manaparampil, Karakkal.P.O,

PIN – 689 108, Thiruvalla, PTA.

: COMPLAINANTS

2. Ramani Jacob, W/o Jacob Chacko,

Panikkaru Veedu,                                                                          

Manaparampil, Karakkal.P.O,

PIN – 689 108, Thiruvalla, PTA.

 

(By Adv: Sri. C.S. Rajmohan)

 

            Vs.

John C.P, Chandraviruthil House,

Kulakkad, Thiruvalla, PTA,

PIN – 689 101.

The Managing Director,

CVP Realtors (P) Ltd.,                                           : OPPOSITE PARTIES

Chandraviruthil House,

Kulakkad, Thiruvalla, PTA, Kerala.

 

                                               

JUDGMENT

JUSTICE SHRI.P.Q. BARKATH ALI : PRESIDENT

This is a complaint filed by the complainants who are husband and wife under section 17 of Consumer Protection Act claiming refund of the amount paid by them to the opposite parties and also compensation for non delivery of the Flat.

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

The opposite party entered into an agreement with the complainants on April 29, 2004 to construct a completed residential Flat on the 6^th floor of the proposed multi storied building complex by name C.V.P. Parliament Square Annex B, on the side of MC Road, Thiruvalla.  Complainant paid total consideration of Rs.14,00,000/-.  The opposite party undertook to complete the construction by December 05.  Opposite party so far did not complete the construction or handed over the Flat to the complainant.  Therefore complainant filed the complaint claiming refund of the amount paid by him along with a compensation of Rs.10,00,000/-.

3.      The opposite party is John C.P, the Managing Director of C.V.P Realtors Private Limited, Pathanamthitta.  He remained absent and was set exparte.

4.      The first complainant filed proof affidavit and Ext.A1 was marked on his side.  As the opposite party is absent accepting the evidence of the complainant the complaint is to be allowed.

5.      Opposite party is directed to refund Rs.14,00,000/- paid by the complainants to the opposite party.

6.      Complainant has claimed a compensation of Rs.10,00,000/-.  In the circumstances we feel that interest at the rate of 12% per annum from the date of payment ie from April 29, 2004 till realization would meet the ends of justice.

In the result complaint is allowed in part as found above.

 

JUSTICE. P.Q.BARKATHALI: PRESIDENT

 

 

V.V. JOSE : MEMBER

 

VL.