Kerala

StateCommission

CC/14/3

JOHN THOMAS - Complainant(s)

Versus

JOHN C P - Opp.Party(s)

S SUNIL NARAYANAN

29 Sep 2014

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

CC NO.03/14

JUDGMENT DATED: 29/09/2014

 PRESENT

JUSTICE SHRI.P.Q. BARKATH ALI:                        PRESIDENT

SHRI.V.V. JOSE:                                                          MEMBER

 

John Thomas, S/o. KI Thomas,

Valiyaparambil Peace Bunglow,

Pennukkara PO, Chengannur,

Alappuzha, Kerala                                    -                 COMPLAINANT

 

 (By Adv. Sri.C.S. Rajmohan & S. Sunil Narayanan)

 

V/s.

 

Mr. John. C.P.,

Chandraviruthil House,

Kulakkad, Thiruvalla, Pathanamthitta

CVP Realtors (P) Ltd.,

Chandraviruthil House, Kulakkadu,

Thiruvalla, Pathanamthitta

Kerala                                                        -                RESPONDENTS

 

 

 

JUDGMENT

SHRI.V.V.JOSE: MEMBER

 

          The opposite party i.e. M/s. CVP Realtors (P)Ltd., doing business of building construction entered into an agreement with the complainant for constructing a residential space with super built up area of 1474 sq. ft. on the third floor numbered III A in the proposed multistoried building complex named CVP PARLIAMENT SQUARE ANNEX B, Thiruvalla as per the plan prepared by the opposite party for a total consideration of Rs.14,74,000/-.   The opposite party agreed to complete the construction of the residential space by March, 2006.  It was agreed that the  total amount of consideration should be paid in four instalments by the complainant and three instalments was paid in time.  The last and final instalment is to be paid at the time of handing over the sapce and key.  Till now the opposite party did not completed and handover the residential space.  The opposite party is willfully lagging to handover the constructed area.  According to the complainant the act of the opposite party by receiving Rs.11,05,500/- as per the agreement, and not handing over the constructed area is a clear deficiency of service and unfair trade practice, which is to be compensated.  Complainants approached the opposite party serveral times at his office at

 Thiruvalla but till date nothing is happened.

          2.      Hence this complaint for a direction to handover the residential space or in default to refund Rs.11,05,500/- along with 12% interest from 17/08/2005 to 17/11/2013 amounting to Rs.10,94,445/- and further interest till realisation and for a compensation of Rs.5,00,000/-  for the agony and hardships suffered by the complainants due to the deficiency of service of the opposite party.

         

3.      After admission of the complainant notice was sent to the opposite party which was returned stating the addressee left.  Commission ordered for substituted service of notice and accordingly complainant produced the paper publication in Kerala Kaumudi daily against the opposite party dated 19/06/2014.  Opposite party was called but absent.  Hence opposite party is set ex-parte.

                   

4.      The complainant filed proof affidavit in lieu of chief examination through his power of attorney holder Thomas Paul and marked copy of agreement as Ext. A1 and copy of receipts as Ext. A2, A3 and A4.

         

5.      The  complainant is alleging unfair trade practice and seeking a direction to handover the residential space or to refund of the amount paid for it.  Ext. A1 is the copy of the agreement entered between the complainant and the opposite party for the construction of the residential space for a total consideration of Rs.14,74,000/-.  The scheduled period of completing the construction is March, 2006.  Ext. A2 to A4 are the copies of three bills amounting to Rs.11,05,500/-.

         

6.      It appears that the complainant has paid Rs.11,05,500/- for the residential space.  The residential space is not seen handed over till now.  The power of attorney of the complainant has filed proof affidavit In lieu of chief examination.  The complaint is proved.  According to us the complainant is entitled to get back the amount paid towards the cost of the residential space amounting to Rs.11,05,500/- with interest.  We are fixing 12% interest, as the delayed payment will cause 12% interest.  We are not awarding the compensation sought, as we are awarding interest from the dates of payment.

          In the result, the complaint is allowed in part, directing the opposite party to refund Rs.11,05,500/- with 12% interest from the respective dates of payments till realisation.  The complainant is entitled for Rs.5,000/- as cost of the proceedings.  The time of complainance is two months from the date of receipt of this order.

 

V.V.JOSE                               : MEMBER

 

JUSTICE P.Q.BARKATH ALI: PRESIDENT

 

APPENDIX

Exhibits  for the complainant:

1,  Ext. A1:         Marked copy of  the Agreement

2,  Ext. A2 to A4:          Copies of three bills amounting to Rs.11,05,500/-.

 

 

V.V.JOSE                                  : MEMBER

 

JUSTICE P.Q.BARKATH ALI  : PRESIDENT

 

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