BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P.V.JAYARAJAN                                           :  PRESIDENT

SMT. PREETHA G. NAIR                                     : MEMBER

SRI. VIJU V.R                                                          : MEMBER

C.C. No. 605/2023      (Filed on 21.11.2023)

ORDER DATED: 26.06.2024

Complainant:

Sreekesh M., Eattasseri Madom, Kalayapuram P.O., Kottarakkara, Kollam - 691 560 presently residing at 916, Windstone Ct, Lake in the Hills, IL, usa-60156-4906 represented by his Authorized Representative and mother K. Minimole.

(By Adv. Rajaprathap S.J.)

Opposite parties:

1. Desart Builders Pvt. Ltd., having Regional Office at 2^nd Floor, Uthradam Buildings, near MRF Tyres, Panavila Junction, Thiruvananthapuram-695 014 and having Corporate Office at 3^rd Floor, John Plaza, Near SETC Depot, Pammam, Marthandam, Kanyakumari-629 165 represented by its Managing Director, Mr. Aneesh.

2. Aneesh, The Managing Director, Desart Builders Pvt. Ltd., 3^rd Floor, John Plaza, Near SETC Depot, Pammam, Marthandam, Kanyakumari-629 165.

                   (By Advs. Anoop Bhaskar &Ammu Manoharan)

ORDER

SRI. P. V. JAYARAJAN:  PRESIDENT

          This complaint is filed under Sec. 35 of the Consumer Protection Act, 2019 and the matter stood over to this date for consideration.  After hearing the matter this Commission passed an order as follows:

This is a complaint filed by the complainant against the opposite parties alleging deficiency in service and unfair trade practice on the part of the opposite parties.  After admitting the complaint notice was issued to the opposite parties.  Opposite parties 1 & 2 entered appearance and filed written version denying the allegations raised by the complainant.  When the case came up for consideration today complainant’s counsel submitted that the matter is settled and a settlement agreement entered into between the parties to the proceedings is also produced before this Commission. As per the compromise agreement the opposite parties agreed to complete the construction work within 45 days from 25.03.2024.  The complainant agreed to pay Rs. 2,38,000/- towards consideration for the said work.  The compromise agreement filed by the counsel for the complainant is accepted and recorded.  In view of the settlement arrived at between the parties to the proceedings, we find that this is a fit case to be allowed in terms of the compromise. 

In the result, the complaint is allowed in terms of the compromise agreement dated 23.03.2024.  The compromise agreement dated 23.03.2024 shall form part of this order.  There will be no order as to costs. 

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 26^th day of June 2024.

               Sd/-

P.V.JAYARAJAN                : PRESIDENT 

               Sd/-

PREETHA G. NAIR          : MEMBER 

         Sd/-

jb                                               VIJU V.R                          : MEMBER

APPENDIX

C.C. No. 605/2023

Compromise agreement dated 23.03.2024

                                                                                                Sd/-

                                                                                      PRESIDENT