Kerala

StateCommission

CC/13/59

HANS AND ANOTHER - Complainant(s)

Versus

JOHN.C.P - Opp.Party(s)

C.S.RAJMOHAN

22 May 2014

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION SISUVIHARLANE VAZHUTHACAUD THIRUVANANTHAPURAM

CC.No.59/2013

JUDGMENT DATED : 22.05.2014

 

PRESENT

 

JUSTICE SHRI.P.Q.BARKATH ALI       : PRESIDENT

SRI.V.V.JOSE                                          : MEMBER

 

1.Hans P.Thomas,

Ittimapadathu karroor,

Karackal.P.O

Thiruvalla, Pathanamthitta District,

Pin – 69105 Kerala

 

2.Annamma Thomas,

W/o.K.P.Thomas,

Ittimapadathu karroor,

Karackal.P.O

Thiruvalla, Pathanamthitta District,

Pin – 69105 Kerala

                                                                          COMPLAINANTS

3. Simi Thomas,

S/o.K.P.Thomas,

Ittimapadathu karroor,

Karackal.P.O

Thiruvalla, Pathanamthitta District,

Pin – 69105 Kerala

 

4. Jans.P.Thomas,

S/o.K.P.Thomas,

Ittimapadathu karroor,

Karackal.P.O

Thiruvalla, Pathanamthitta District,

Pin – 69105 Kerala

 

(By Adv.C.S.Rajmohan &

 S.Sunil Narayanan)

Vs.

 

 

Mr.John.C.P

Chandraviruthil house,

Kulakkad, thiruvalla,

Pathanamthitta,                                                   OPPOSITE PARTIES

Pin – 689 101

The Managing Director,

Representing CVP Realtors (P) Ltd,

Cross Junction, Thiruvalla,

Pathanamthitta

 

JUDGMENT

SRI.V.V.JOSE    : MEMBER

                    The opposite party ie M/s.CVP Realtors (P) Ltd, doing business of building construction entered into an agreement with the complainants for constructing a residential space with super built up area of 1474 sq.ft on the V floor numbered as V/A in the proposed multistoried building complex named CVP Parliament Square Annex B as per the plan prepared by the opposite party for a total consideration of Rs.14,74,000/- which the complainants paid to the opposite party on the execution of the agreement itself ie; 07.11.05.But the opposite party never handed over the flat as agreed to the complainant. The opposite party is keeping away from the office at Thiruvalla. As the opposite party did not completed the construction and hand over the flat, he is liable to pay Rs.14,74,000/- with 12% interest and cost. According to the complainant the act of the opposite party is unfair trade practice . On 01.11.2012, when approached the office of the opposite party, it was known that he has gone abroad. Hence this complaint with a prayer to direct the opposite party to hand over the fully built up flat or to pay Rs.14,74,000/- and Rs.12,38,160/- being 12% interest upto 07.11.2012 and further interest of 12% till the realization and also to direct the opposite party to pay Rs.10,00,000/- as compensation.

                    2.      After admission of the complaint, notice was sent to the opposite party which was returned stating that the addressee is out of India. Commission ordered for substituted service of notice and accordingly complainants produced the paper publication in Kerala Kaumudi daily against the opposite party dated 27.03.2014. Opposite party was called but absent. Hence opposite party is set exparte.

                    3.      The complainant filed proof affidavit in lieu of chief examination and marked Ext.A1 ie the copy of the agreement entered by complainant with opposite party.

                    4.      The complainant is alleging unfair trade practice and seeking refund of the amount paid for purchase of a flat as per agreement Ext.A1. It appears that the complainant has paid the entire amount at the time of execution of the agreement itself. The flat is not seen handed over at the time fixed as per the agreement or therefore till now. The complainant has filed proof affidavit. The complaint is proved. The complainant is entitled to get back the amount paid towards cost of apartment amounting to Rs.14,74,000/-. Clause 35 of the agreement entitled the complainant to claim 12% interest in case of default on the side of opposite party. Hence complainant is entitled to get interest @ 12% from the date of payment till realization. He is also entitled to cost of Rs.2500/-.

                    In the result, the complaint is allowed, directing the opposite party to pay Rs.14,74,000/- being the amount paid by the complainant together with interest @12% from the date of payment till realization. In addition to this complainant is entitled to cost of Rs.2500/- . Time of compliance is two months from the date of receipt of the order.  

 

 

V.V.JOSE                                                : MEMBER

 

 

 

JUSTICE P.Q.BARKATH ALI        : PRESIDENT

 

 

 

Be/

 

 

 

 

 

 

 

 

KERALA STATE

 CONSUMER DISPUTES

 REDRESSAL COMMISSION

SISUVIHARLANE

VAZHUTHACAUD

THIRUVANANTHAPURAM

 

 

 

CC.No.59/2013

JUDGMENT

DATED : 22.05.2014

 

                                                                                    BE/