BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 20/09/2012
Date of Order : 31/12/2012
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 584/2012
Between
Prasanth. K.G., S/o. Gopi, | :: | Complainant |
Prasanth Bhavan, Shooranattuparambu, Vayanasala, Elamakkara. P.O., Ernakulam – 682 026, Rep. by the Power of Attorney Holder, M. Santhamma, D/o. Raman, Prasanth Bhavan, Shooranattuparambu, Vayanasala, Elamakkara. P.O., Ernakulam – 682 026 |
| (By Adv. Sherry.J. Thomas, XL/5977, Infant Jesus Building, Banerji Road, Kochi – 31) |
And
1. M/s. Apple A Day Properties Private Ltd., | :: | Opposite Parties |
Regd. Office at Apple Tower, Palarivattom, Edappally Bye- pass Road, Kochi – 682 024. 2. K.A. Saju, Managing Director, S/o. T.K. Abdul Khader, Business, Poovathummoottil Kadavil, Edappally. P.O., Kochi – 682 024, Puthuppallippuram Kara, Thrikkaklara North Village, Kanayannoor Taluk, Ernakulam Dt. |
| (Op.pts. by Adv. Peeyus. A. Kottam, Door No. 40/9175, Chamber No. B-3, 1st Floor, Sayed Complex, Doraiswamy Iyer Road, Cochin - 35) |
O R D E R
A. Rajesh, President.
1. The undisputed facts of the complainant's case are as follows :-
Fascinated by the advertisement of the opposite parties, the complainant booked a Villa project of the opposite parties by name 'Apple New Cochin'. In consequence of the allotment, the complainant paid a total amount of Rs. 4,29,900/- to the opposite parties. Subsequently, the complainant and the opposite parties entered into an agreement on 23-02-2010 for sale of plot for construction of the villa. Thereafter on several occasions, the complainant approached the opposite parties and requested to start the work as offered by them. Accordingly, the complainant filed a petition against the opposite parties before Palarivattom Police Station. They have registered Crime No. 944/11 under Section 406 and 420 of the Indian Penal Code. While so on 20-07-2012, the opposite parties caused a letter to the complainant and expressed their willingness to complete the construction of the villa. At the outset, the opposite parties agreed to construct the villa for Rs. 28,99,000/- within 18 months from the date of agreement, failing which the opposite party is liable to pay Rs. 2/- sq.ft. per month for the area of 1120 sq.ft. as liquidated damages till the date of actual handing over of the villa. The complainant is entitled to get refund Rs. 4,29,900/- with interest together with a compensation of Rs. 1 lakh. This complaint hence.
2. The opposite parties appeared in this Forum through their counsel, but thereafter opted not to contest the matter. Proof affidavit has been filed by the complainant. Exts. A1 to A8 were marked on his side. Heard the counsel for the complainant.
3. The points that emanated for consideration are as follows :-
whether the complainant is entitled to get refund of the advance sale consideration from the opposite parties?
Whether the opposite parties are liable to pay Rs. 2/- per sq.ft. from the date of agreed date of completion of the villa till the actual delivery of the villa?
Whether the complainant is entitled to get a compensation of Rs. 1 lakh from the opposite parties?
4. Point No. i. :- At the request of the complainant vide Ext. A1 letter dated 22-10-2009, the opposite parties allotted villa No. 34 type A 1120 sq.ft. to the complainant in their project name “Apple Nano Home Villas”. Accordingly, the complainant and the opposite parties entered into Ext. A3 agreement for sale of plot and agreement for construction of villa evidenced by Exts. A3 and A4 agreements. In consequence of the agreements, the opposite parties received a total sum of Rs. 4,29,900/- from the complainant evident from Ext. A2 letter issued by the opposite parties. Admittedly, the opposite parties failed to comply with the terms and conditions in Exts. A3 and A4, in spite of repeated requests and reminders. Thereby, the complainant is entitled to get refund the amount received by the opposite parties with 12% interest p.a. Our decision is based on the decision of the Hon'ble National Consumer Disputes Redressal Commission in Bijoy K.R. Sarangi Vs. Mohimohan Tripathy &
Anr. IV (2012) CPJ 452 (NC).
5. Point Nos. ii. & iii. :- Find solace to the complainant, the matter of compensation and costs in the present situation were the position of the opposite parties is crystal clear in public may not be much to the complainant to follow up evidently. Of course, the freedom is theirs.
6. In the result, we partly allow the complaint and direct that the opposite parties shall jointly and severally refund Rs. 4,29,900/- with 12% interest p.a. from the date of receipt of each instalment till realisation.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 31st day of December 2012.
Forwarded/By Order, Sd/- A. Rajesh, President.
Sd/- Paul Gomez, Member.
Sd/- C.K. Lekhamma, Member.
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of the letter dt. 22-10-2009 |
“ A2 | :: | Copy of balance of confirmation. |
“ A3 | :: | Copy of agreement for sale of plot construction |
“ A4 | :: | Copy of agreement for construction of villa |
“ A5 | :: | Copy of the letter dt. 23-10-2011 |
“ A6 | :: | Copy of the first information report |
“ A7 | :: | Copy of the letter dt. 20-07-2012 |
“ A8 | :: | Copy of the special power of attorney |
Opposite party's Exhibits :: Nil
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