BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT
SHRI. P. SUDHIR : PRESIDENT
SMT. SATHI. R : MEMBER
SMT. LIJU B. NAIR : MEMBER
C.C.No: 7/2015 Filed on 09/01/2015
Dated: 11..08..2015
Complainant:
S. Ramanda Prabhu, S/o Prabhu N.S., Prabhu Villa, Thirunakkara, Kottayam Village, Kottayam – 686 001.
(By Adv. Jose Kuriakose)
Opposite parties:
1. M/s. MYS Construction Pvt. Ltd., Najak, NCC Road, Ambalam Junction, Thiruvananthapuram – 695 005, represented by its Director, H.M. Hadi.
2. H.M. Hadi, S/o M.M. Hussin, Minnath, Ambalam Junction, Thiruvananthapuram – 695 005.
(By Adv. Prabhakumari)
This C.C having been heard on 29..06..2015, the Forum on 11..08 ..2015 delivered the following:
ORDER
SMT. LIJU B. NAIR, MEMBER:
Complainant and opposite parties entered into a compromise after filing this complaint. They jointly filed a compromise petition also, terms of which are reproduced below:
The opposite parties agreed that they shall complete the construction and hand over the possession of the apartment to the complainant within one year free of defect with insurance coverage to the building for 25 years as agreed by the curing agency and opposite party. The delay in curing the defect will entitle the complainant a monthly rent of Rs. 4,000/- from the opposite party from 30/11/2015 which the opposite party agrees. The opposite parties also agrees that they shall waive Rs. 50,000/- from the balance amount if any due from the complainant and that they shall not have any further monitory claim against the complainant for handing over the completed apartment as stated above. The complainant and opposite parties also agree that they shall bear the litigation expenses mutually. Since the flat is to be registered in the name of the complainant the complainant shall co-operate with the opposite party and the defect curing agency without incurring any financial liability.
In the result, complaint is disposed of as settled as per the terms dictated above.
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 Forum, this the 11th day of August, 2015.
Sd/- LIJU B. NAIR : MEMBER
Sd/-P. SUDHIR : PRESIDENT
Ad. Sd/- R. SATHI : MEMBER
