Kerala

Thiruvananthapuram

CC/217/2020

Resal Selvaraj - Complainant(s)

Versus

Samson & Sons Builders - Opp.Party(s)

Mann J Nair

13 May 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVANANTHAPURAM

 

   PRESENT

                                          SRI.P.V.JAYARAJAN      : PRESIDENT

                                          SMT.PREETHA G NAIR  : MEMBER

                                          SRI.VIJU.V.R                 : MEMBER

CC.NO.217/2020 (Filed on : 02/11/2020)     

ORDER DATED : 13/05/2022)

 

COMPLAINANTS

1. Sri.Resal Selvaraj,

Resel Bhavan Kavadithalakal,

Vazhayila Karakulam.P.O

•  

 

2. Mrs.Rila Rani.J.C

Resal Bhavan Kavadithalakal,

Vazhayila, Karakulam.P.O

•  

 

(Adv.Mann J Nair)

                                                VS

OPPOSITE PARTIES

1. Samson & Sons Builders and Developers Pvt Ltd,

Having its registered office at Kaliveena Building,

Muttada.P.O, Kowdiar village, Thiruvananthapuram- 695025

 

2. John Jacob, Managing Director,

Samson & Sons Builders and Developers Pvt Ltd,

TC 3/678, Kannimattom,

Muttada.P.O, Kowdiar village, Thiruvananthapuram – 695025

 

3. Samuel Jacob, Director,

Samson & Sons Builders and Developers Pvt Ltd,

Having its registered office at Kaliveena,

Building, Muttada.P.O, Kowdiar village,

Thiruvananthapuram – 695025

Now residing at TC 3/678,

Kannimattom, Muttada.P.O

Kowdiar village, Thiruvananthapuram - 695025

ORDER

SMT.PREETHA.G.NAIR  : MEMBER

          The complainants are doing business in Tamil Nadu. The complainants were desirous of purchasing a residential apartment in and around Thiruvananthapuram, to invest their hard earned money in a fruitful manner.  The opposite parties are engaged in the business of constructing residential apartment and villa projects. The opposite party has entered into a joint venture agreement with Sri.Mohan Oommen who is the absolute and exclusive owner and in possession as well as engagement of the property now in possession of opposite parties. The complainants personally visited the said property where the residential apartment is proposed to be set up by opposite parties and also verified the property documents. The complainants have agreed to purchase 1.112 cent of undivided impartiable share in the said 24.20 area with all easements together with one apartment having 1593 sq.ft. Super built up area in Type B in 1^st floor of Samson and Sons " Angel Woods" residential apartment project with one covered car parking area therein, for a sale consideration of RS.60,00,000/- subject to the condition of construction of the apartment, and the proportionate common  areas and common amenities. The agreement for sale of the said Apartment along with undivided interest of the property and all other rights over the apartment were executed on 05/12/2015, is the name of complainants. As per the agreement for sale the complainants agreed to pay an amount of Rs.60,00,000/-(Rupees sixty lakhs only). The complainants has made a part of payment of Rs.20,00,000/- (Rupees twenty lakhs only) through HDFC Bank (00007 6952400121 0028911 31) and has received a receipt dtd: 05/12/2015 from the opposite parties. The complainant has agreed to pay the balance amount of Rs.40,00,000/- (Rupees forty lakhs only) on or before completion of the project. Moreover, in the said agreement assurance was given that construction shall be completed within on or before of December 2016.As the complainant and his family were residing in Tamil Nadu at that period, complainant was not able to visit the site and check the progress of the apartment. Complainant regularly contacted the opposite parties and enquire about the progress and balance payment. Opposite parties assured that the flat will be ready on time and to arrange the balance payment by December 2016. By June 2016, complainant contacted opposite parties but to his utter shock, complainants came to know that the project had not even started. Opposite parties have dropped that project. The act of opposite party amounts to unfair trade practice with the sole intention to exploit the complainants economically to cause huge loss and incurable agony to the complainants. Even though the opposite parties received the consideration from the complainants, the opposite parties failed to complete the construction of the said flat. Opposite parties are liable to compensate the loss sustained to the complainants. Complainants contacted the opposite parties to refund the amount with interest. But the opposite parties turned deaf ear to the complainant’s request. Aggrieved by the act of opposite parties, complainant filed an arbitration case before the Hon'ble District Court, Trivandrum. While the case was pending in the District Court, unfortunately the counsel Adv.Satheesh kumar.K who was appearing for the complainants passed away. And the arbitration case was dismissed for default. If the complainant has to book a flat in Thiruvannathapuram having the features stipulated in the agreement, the complainant has to spent further Rs.15,00,000/- (Rupees fifteen lakhs only)due to the illegal activity committed by the opposite parties.  Since the completion of the flat was not done by the opposite parties till this date, the cause of action is continuing and the opposite parties are jointly and severally liable for unfair trade practice committed to the complainants and thereby exploiting the complainant economically causing irreparable are loss and agony to the complainants, hence this complaint.   

 

 

Even though opposite parties received notice, the opposite parties did not appear before this Commission, hence opposite parties were set exparte.

        Complainants filed proof affidavit and documents were marked as Exts.A1 to A3.

Issues to be considered are :

1. Whether there is any deficiency in service on the part of opposite parties?

2. If so what is the relief and cost?

Issues I & II

We perused relevant documents on record. Ext.A1 is the original agreement executed between the complainant and opposite party which shows the total payment of Rs.60,00,000/- (Rupees sixty lakhs only). Ext.A2 is the copy of cheque for an amount of Rs.20,00,000/- (Rupees twenty lakhs only) of HDFC Bank and Ext.A3 is the receipt issued by opposite parties for Rs.20,00,000/- (Rupees twenty lakhs only) which was received from the complainants. The complainant stated that on June 2016, they came to know that project has been dropped. Even though the opposite parties received the consideration from the complainants, they failed to complete the construction of the flat. From the evidence available before this Commission, we find that there is deficiency in service on the part of the opposite parties. Opposite parties are liable to compensate the loss sustained to the complainants. The opposite parties had not produced evidence to disprove the case of complainants.

      In view of the above discussions, we find that there is deficiency in service on the part of the opposite parties.

               In the result, the complaint is allowed. We direct the opposite parties jointly and severally liable to pay Rs.20,00,000/- with 6% interest from 05/12/2015 till the date of receipt of order and pay Rs.1,00,000/- (Rupees one lakh only) as compensation for mental agony and pay Rs.2500/- as cost of the proceedings  within 30 days from the date of receipt of order, failing which the amount except cost carries interest @9% per annum from the date of order till realization.

                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 13^th day of May 2022.

 

                                                                                           Sd/-

P.V.JAYARAJAN   : PRESIDENT

 

 

                                                                                              Sd/-

                                          PREETHA G NAIR: MEMBER

 

 

                                                                                                Sd/-

                                          VIJU.V.R    : MEMBER

 

 

 

 

 

 

 

 

Be/

 

 

APPENDIX

CC.NO.217/2020

List of witness for the complainant

PW1                      - Resal Selvaraj

Exhibits for the complainant

Ext.A1                  - Copy of agreement for sale & construction

Ext.A2                  - Copy of cheque of HDFC Bank

Ext.A3                  - Copy of receipt dated 05/12/2015

List of witness for the opposite parties – NIL

Exhibits for the opposite parties          - NIL

Court Exhibits                                   - NIL

 

 

                                                                                                        Sd/-

PRESIDENT