BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

                       Dated this the 31^st day of May 2012

                                                                                                        Filed on :  03-03-2012

Present :

          Shri. A  Rajesh,                                                     President.

          Shri. Paul Gomez,                                                  Member

          Smt. C.K. Lekhamma,                                           Member

C.C. No.122/2012

       Between

1. Salim P.H.,                                            :         Complainants

    S/o. Hamsa,  Thirunilathu house,           (By Adv. A. Jayasankar,

    Edakazhiyoor, Punnayoor,                       M/s. Jayasankar & Manu,

    Chavakadu, Thrissur.                               Sree padmam, Ponoth road,

2. Priya Salim, W/o. Salim,                          Kaloor, Cochin-682 017.

                   -do-

                                                And  

M/s. Apple A Day Properties Pvt. Ltd.,    :         Opposite party

Apple Tower, Palarivattom,                                (absent)

Edappally By-pass road,

Edapally P.O., Kochi.

(Rep. by its Managing Director

 K.A. Saju, S/o. T.K. Abdul Khader,

 Poovathummoottil Kadavil Edapally P.O.,

Kochi-68 024.)

                                                 O R D E R

A  Rajesh, President.

          The undisputed facts of the complainant’s case are as follows:

          The complainants entered into an agreement for sale of plot for construction of name Home villa on  17-11-2009 with the opposite party and on the same day they executed yet another agreement for construction of villa for a total consideration of Rs. 23,99,000/- (including value of land).  The complainants paid an amount of Rs. 10,000/- on 14-02-2009  Rs. 2,90,000/- on 14-03-2009, Rs. 1,90,000/- on 04-05-2009 and  Rs. 1,00,000/- on 15-08-2009, as per the terms of the agreement.  But the opposite party  did not care to do anything in furtherance of the agreement. Time and again the complainant approached the opposite party to get the villa but in vain.  The above conduct of the opposite party amounts to deficiency in their service.  The complainant is entitled to get  refund of the amount paid to the opposite party with  interest together with costs of the proceedings. This complaint hence.

          2. The opposite party did not accept  the notice sent by this Forum and the same has returned for the reason stated ‘unclaimed’. Proof affidavit has been filed by the complainant.  Exts. A1 and
A2 were marked on the side of the complainant. Heard the counsel for the complainant.

          3. The points that came up for consideration are

          i. Whether the complainants are entitled to get refund of the advance amount of Rs. 5,90,000/-?

          ii. Whether the opposite party is liable to pay costs of the proceedings to the complainant?

          4. Point No.i. Ext. A1 is the agreement entered into between the complainants and the opposite party for sale of plot for construction of Nano Home villa dated 17-11-2009.  Ext. A2 series go to show that the complainants paid the following amounts towards sale consideration.

          5.According to the complainants in furtherance   of Ext. A1 agreement the opposite party failed to comply with the terms and conditions in Ext. A 1 in spite of receipt of the amounts as per Ext. A2 series.  Nothing is forthcoming on the part of the opposite party as to the reason for the non performance of Ext. A1 agreement. The above conduct of the opposite party amounts to not only deficiency in service but also unfair trade practice on the part of the opposite party  which  calls for costs. The opposite party is liable to refund the amount as per Ext. A2 receipts, however since the complainant claimed refund of Rs. 5,90,000/- only the complainant is entitled to get the said amount with interest.

          6.  In the result, we allow the complaint and direct that

i. the opposite party shall refund Rs. 5,90,000/- together with

   12% interest p.a. from the date of each  receipt till realization.

ii. The opposite party shall pay Rs.5,000/- to the

    complainant  towards costs of the proceedings.

          The above said 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 31^st day of May 2012

                                                                                                                                                                                                       Sd/- A Rajesh, President.

                                                          Sd/- Paul Gomez, Member

                                                          Sd/- C.K. Lekhamma, Member.

                                                                   Forwarded/By Order,

                                                                   Senior Superintendent.

                                                Appendix

Complainant’s exhibits:

                             Ext.     A1             :         Agreement

                                        A2 series :         bills

Opposite party’s exhibits:               :         Nil

Copy of order despatched on :

By Post :   By Hand: