Sri. P. Satheesh Chandran Nair (President):

         The complainant filed this complaint against the opposite parties for getting a relief u/s.12 of the C.P. Act 1986.

                 2.  The case of the complainant is briefly stated as follows:  The complainant approached the opposite party for booking an apartment at Thiruvalla which was managed and controlled by the opposite parties.  The booked apartment was Type J, Floor XI^th of Serene River View, Thiruvalla.  On 29.09.2011, the complainant issued a cheque for an amount of Rs. 1 lakh to opposite party as 1^st part of the payment.  Thereafter on 07.01.2013 the complainant paid 2^nd instalment for an amount of Rs. 1 lakh to opposite party by NEFT of South Indian Bank, Elanthoor.  According to the complainant, the cost of the apartment is for Rs.16 lakhs and the area of the apartment is 741 sq.ft.  It is further contended that the opposite party was agreed to the complainant to hand over the flat within 3 years of 2^nd payment, i.e. on 07.01.2013.  In spite of repeated demand and request from the complainant the opposite parties were failed to hand over the said flat to the complainant hence he issued a legal notice dated 15.12.2016 to the opposite parties.  Though the opposite parties received the legal notice stated above the opposite parties failed to redress the grievances of the complainant.  Hence the complaint, for allotting the flat after receiving the balance amount and for redressing the opposite parties from disposing off the flat to any strangers, compensation, cost etc.

                   3. This Forum entertained the complaint and issued notice to the opposite parties for their appearance.  Though the opposite parties received notice they did not appear before the Forum, hence on 25.01.2017 this Forum set exparte against opposite parties 1 and 2.  At the time of the institution of the complaint the complainant filed an interim petition u/s. 13(3 b) of the C.P. Act r/w Sec.151 of CPC for restraining the opposite parties from disposing the above stated booked flat to any strangers till the disposal of this complaint.  The said I.A 2/2017 was allowed.

                    On the basis of the complaint and records before us we framed the following issues for consideration:

1. Whether the complaint can be allowable?
2. Regarding the reliefs and cost?

                   4. In order to prove the case of the complainant, complainant he who filed a proof affidavit in lieu of chief examination and he is examined as PW1in this case.  Ext.A1 to A9 are marked through PW1.  Ext.A1 is the copy of cheque for Rs. 1 lakh.  Ext.A2 is the advance payment receipt dated 29.09.2011 for Rs.1 lakh issued by the opposite parties to the complainant.  Ext.A3 is the allotment letter dated 29.09.2011 sent by the opposite parties to the complainant.  Ext.A4 is the statement of account for the period from 01.01.2013 to 30.01.2013.  Ext.A5 is the notice dated 15.11.2015 issued by complainant’s counsel to 1^st opposite party.  Ext.A6 is the copy of postal receipt of Ext.A5.  Ext.A7 is the copy of acknowledgment card of Ext.A5.  Ext.A8 is the reply notice dated 22.07.2016 sent by the opposite parties.Ext.A9 is the plan of the building.  After the completion of the complainant’s evidence, we heard the complainant. 

                   5. Point Nos.1 & 2:-  For the sake of convenience, we would like to consider Point No.1 and 2 together.  When the complainant is examined as PW1 in chief examination he deposed that he paid an amount of Rs. 1 lakh to the complainant on 29.09.2011 by a cheque and sent an amount of Rs. 1 lakh through NEFT of South Indian Bank, Branch Elanthoor on 07.01.2013 to the opposite parties.  It is also evident to see that the cost of the flat is Rs.16 lakhs.  According to PW1, the opposite parties made him to believe that the flat would be handed over to him within 3 years of the date of 2^nd payment, i.e. on 07.01.2013.  It is further deposed that though the complainant repeatedly requested and demanded to the opposite parties for the entrustment of the flat to the complainant the opposite parties did not take any positive steps in favour of PW1.  It is further deposed that at last on 15.11.2016 the complainant issued a legal notice against the opposite parties for the redressal of the grievances.  In order to substantiate the case of the complainant as discussed earlier the complainant produced and marked Ext.A1 to A9.  When we refer Ext.A1 and A2, it is evident to see that the complainant paid Rs. 2 lakhs to the opposite parties as a part payment for the purchase of the flat.  When we refer Ext.A3, it shows that an apartment No. Type J XI^th Floor of Serene River View, Thiruvalla was allotted to the complainant (PW1) by the opposite parties.  The booking of the flat is confirmed by this letter.  Ext.A4 is further confirmation of transfer of Rs. 1 lakh in favour of the opposite parties through NEFT of South Indian Bank, Elanthoor to opposite parties.  Ext.A5, A6 and A7 are legal notice dated 15.11.2016 issued by counsel of the complainant against the opposite parties, postal receipt and acknowledgment cards.  Ext.A8 is a reply notice issued by the opposite parties against the complainant’s counsel.  If we refer this notice, it is to see that the opposite parties showing negative approach to complainant for all his demands.  When we refer Ext.A9 we can see that sketch of the flat allotted to the complainant.  As per this exhibit the flat consists of two bed rooms plus two toilets and a total built up area of 741 sq.ft.  As we discussed earlier in this case, opposite parties 1 and 2 are declared exparte, there is no version before us to know the contention of the opposite parties.  As such the evidence adduced by PW1 is unchallengeable as far as this case is concerned.  When we appreciate the evidence as a whole it can be easily inferred that the complainant who paid Rs. 2 lakhs to the opposite parties for the purchase of a flat and the price of the flat is Rs. 16 lakhs.  As the complainant in this case is a consumer under the provisions of C.P. Act likewise opposite parties 1 and 2 are service providers of the complainant.  The complainant as PW1 clearly proved the deficiency in service and unfair trade practice of the opposite parties through cogent and conclusive evidence.  In order to substantiate the contention of the complainant, the complainant produced and marked the details of document relating payment and allotment of flat in favour of the complainant.  Therefore, we find that the complainant is succeeds to prove his case and hence the complaint is allowable.  Point Nos. 1 and 2 are also found in favour of the complainant.

6.  In the result, we pass the following orders:

1. The opposite parties are directed to handover the apartment (Type J XI^th Floor of Serene River View, Thiruvalla) to the complainant after receiving the balance amount Rs.14 lakhs from the complainant.  (Deducted Rs. 2 Lakhs as per Ext.A1 and Ext.A2).
2. The Order in I.A.No.2/2017 is made absolute subject to the compliance of Order No.1.
3. If the opposite parties fails to comply the above two orders within one week of the receipt of this order, the complainant is eligible to receive Rs.4,75,000/- (Rupees Four Lakhs Seventy Five Thousand only) from the opposite parties as compensation with 10% interest from the date of filing of the complaint onwards, i.e. on 21.12.2016.
4. A cost of Rs.3,000/- (Rupees Three Thousand only) is also awarded to the complainant from opposite parties with 10% interest from date of order onwards.

      Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30^th day of March, 2017.

                                                                                    (Sd/-)

                                                          P. Satheesh Chandran Nair,                                                                                                                                                                                                                                              

                                                                 (President)

Smt. Sheela Jacob (Member)               :    (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  Sherly Sabu

Exhibits marked on the side of the complainant:

A1 :  Copy of cheque for Rs. 1 lakh. 

A2 :  Advance payment receipt dated 29.09.2011 for Rs.1 lakh issued

        by the opposite parties to the complainant. 

A3 :  Allotment letter dated 29.09.2011 sent by the opposite parties

        to the complainant. 

A4  :  Statement of account for the period from 01.01.2013 to 30.01.2013. 

A5 :  Notice dated 15.11.2015 issued by complainant’s counsel to

        1^st opposite party. 

A6 :  Copy of postal receipt of Ext.A5. 

A7 :  Copy of acknowledgment card of Ext.A5. 

A8 :  Reply notice dated 22.07.2016 sent by the opposite parties.

A9 :  Plan of the building.

Witness examined on the side of the opposite parties:  Nil.

Exhibits marked on the side of the opposite parties:  Nil.

                                                                                                               (By Order)

Copy to:- (1) Mrs. Sherly Sabu, Chamakalayil House, Nellikkala.P.O.,

                    Elanthoor.

     (2)  Mr. Suchi Abraham, Partner, AVS Serene Building,

          143/24, 3^rd Floor, Deepa Towers, Near KSRTC, M.c. Road,

          Thiruvalla.

              (3) Mr. Abraham Joseph, Managing Partner,

         AVS Serene Building, 143/24, 3^rd Floor, Deepa Towers,

         Near KSRTC, M.C. Road, Thiruvalla.

     (4) The Stock File.