BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 3rd day of October 2011
Filed on : 07/06/2011
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
C.C. No. 291/2011
Between
Sangeetha Rajesh, : Complainant
W/o. Rajesh Sasidharan Unnithan, (By Authorized representative)
NRI residing at Dubai, Post Box:3880,
Emirates Specialities Co. A1 Quoz,
Dubai rep. by Sasidharan Unnithan,
an ex-NRI residing at Varistha,
Sahrudaya road, Eroor South,
Tripunithura-682 306,
And
1. Saju K.A., businessman, : Opposite parties
S/o. Abdul Khader (absent)
res. At Poovathumoottil Kadavil,
Edapally, Kochi-24.
Managing Director,
Apple A Day properties Private Ltd.,
apple Towers, Palarivattom Edapally,
Kochi-25.
2. Rajeev Cheruvara,
Managing Partner,
Apple A Day Properties Pvt. Ltd.,
Apple Towers, Palarivattom,
Edappally, Kochi-25.
O R D E R
A Rajesh, President.
The case of the complainant is as follows:
The complainant purchased a plot in the New Cochin Project of the opposite parties by paying an amount of Rs. 9,35,440/-. The plot No. 213 in the project was allotted to the complainant. An agreement for the construction of compound wall and gate was executed by the parties. Thereafter there was no response from the part of the opposite parties. Thus the complainant is before us seeking direction against the opposite parties to refund the amount paid by the complainant with interest at the rate of 9.5% p.a together with Rs. 50,000/- being the costs of the proceedings.
2. Notice issued from this Forum to the opposite parties returned stating that they have unclaimed the same. Proof affidavit has been filed by the complainant. Ext. A1 to A5 were marked on the side of the complainant. Heard the complainant who appeared through authorized representative.
3. The points that arose for consideration are as follows:
i. Whether the complainant is entitled to get Rs. 9,35,446/- from the opposite parties.
ii. Costs of the proceedings
4. Point No. i. Admittedly the complainant and the opposite parties entered into Ext. A4 agreement for sale of plot No. 213 on 16-12-2008. In furtherance of the agreement the complainant paid a total sum of Rs. 3,50,790/- on 26-08-2008 and Rs. 5,84,650/- on 22-06-2009 respectively, evidenced by Exts. A3 and A5 receipts. According to the complainant after receipt of the above amount the opposite parties failed to execute the sale deed and to deliver the possession of the plot to the complainant. The above conduct of the opposite parties amounts to not only deficiency in service but also unfair trade practice on the part of the opposite parties for which they are answerable. No explanation is forthcoming on the part of the opposite parties to controvert the case of the complainant. In the above circumstances we are of the firm view that the opposite parties are liable to refund the amounts together with its interest.
5. Point No. ii. The construction of a house is an ambition of every person on account of that, the complainant who is an NRI entered into Ext. A4 agreement with the opposite party, in the firm belief that a contract entered into would be honored where in this case the opposite parties have failed. This necessarily calls for allowance of compensation which however we feel for no reason explained exaggerated. However costs are allowed to the extend of Rs. 10,000/- especially so since the complainant has no case of costs.
6. In the result, we allow the complaint and direct as follows:
The opposite party shall jointly and severally refund the amount as per Exts A4 and A5 together with 9.5% interest p.a. from the date of receipt till realization. The opposite parties shall also pay Rs. 10,000/- to the complainant towards costs of the litigation.
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 3rd day of October 2011.
