BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                              : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU  V.R.                                             : MEMBER

C.C.No. 176/2020  Filed on 23/09/2020

ORDER DATED: 28/02/2022

ORDER

SRI.P.V. JAYARAJAN, PRESIDENT: 

This is a complaint filed under section 35 of Consumer Protection Act 2019 and the matter stood over to this date for consideration.After hearing the matter the commission passed an order as follows:

1. The complainant being induced by the advertisement of the opposite parties in various media, decided to purchase a villa at munimada Guruvayoor.  Thus on 07/05/2010, the complainant had entered into an agreement with the opposite parties towards the purchase of a villa namely Sowbhagya villa in munimada site, Santhimadom green city at Guruvayoor comprised in Sy.No.1042/2 of Kandanassery Village, S.R.O. Kunnamkulam having an extent of 3 cents covered by sale deed No.2006/1/2010 for a total sale consideration of Rs.27,50,000/-.  Complainant had paid entire amount by various dates and last payment was paid by the complainant on 02/02/2012 thereby complied the terms and conditions stipulated in the agreement.  Thus the complainant had paid the entire promised amount as per conditions of agreement.  On 02/02/2012 when the complainant had effected the full and final payment the opposite party had also assured to provide Rejuvenation Ayuvedic treatment in santimadom health resort or provide 2 acres of agricultural land in Madhurai adjacent of Herbal city (in Tamilnadu) after completion of the building.  Thereafter the opposite party had entered into a rental agreement with complainant and wherein the opposite parties had agreed to pay the rent @ Rs.15000/- per month.  The complainant had on several occasions brought to the notice of the opposite parties for the fulfillment of project through various emails and phone calls and even by personal visit.  There after several assurances and promises were made by the opposite parties but nothing got materialized hence the complainant approached this Commission alleging deficiency in service and unfair trade practice on the part of the opposite parties for redressing his grievances.
2. After admitting the complaint, notice was issued to the opposite parties and those notices were returned with endorsement ‘left’.  Hence the complaint was directed to take step against the opposite parties.  Accordingly the complainant filed IA No.265/2021 for substituted services.  As per the order of this Commission notice was published in Madhyamam Malayalam daily on 15/09/2021.  Inspite of paper publication the opposite parties not appeared before this Commission and hence the opposite parties were declared ex parte by this Commission.
3. Evidence in this case consists of PW1, and Ext.P1 to P6 marked on the side of the complainant.  The opposite parties being declared ex parte, there is no oral or documentary evidence from the side of the opposite parties.      
4. Issues to be considered:

1. Whether there is any deficiency in service and unfair trade practice on the

     part of the Opposite Parties?

2. Whether the complainant is entitle to the relief claimed in the complaint?
3. Order as to cost?

5. Heard.  Perused records, affidavit and documents. To substantiate   the case of the complainant, the complainant himself sworn an affidavit as PW1 and Exts.A1 to A6 were produced and marked.  As the opposite parties were declared ex parte, there is no contra evidence to disprove the contention raised by the complainant against the opposite parties.  Ext.P1 is the copy of sale agreement dated 07/05/2010.  Ext.P2 is the copy of sale deed executed dated 28/08/2010.  Ext.P3 is the copy of rental agreement dated 02/02/2012.  Ext.P4 is the copy of receipt issued by the opposite party dated 07/05/2010.  Ext.P5 is the copy of receipt issued by the opposite party dated 17/08/2010.  Ext.P6 is the copy of receipt issued by the opposite party dated 02/02/2012.  From the evidence available before this Commission, it is proved that the complainant has paid an amount of Rs.27,50,000/- to the opposite parties.  It is also proved that the opposite party has not paid Rs. 15,000/- per month as agreed rent as per the terms and conditions of Ext.P3 agreement.  In the absence of any contra evidence from the side of the opposite parties, we accept the evidence adduced by the complainant.  By swearing an affidavit as PW1 and by producing and marking Ext.P1 to P6, we find that the complainant has succeeded in proving his case against the opposite parties.  From the evidence available before this Commission, we find that there is deficiency in service and unfair trade practice on the part of the opposite parties, by which the complainant has suffered financial loss and mental agony.  As there is deficiency in service and unfair trade practice on the part of the opposite parties, they are jointly and severally liable to compensate the loss sustained by the complainant.  In view of the above discussion, we find that this is a fit case to be allowed.     
6. In the result the complaint is partly allowed.  The opposite parties 1 to 3 are jointly and severally directed to refund an amount of Rs.27,50,000/-(Rupees Twenty Seven Lakhs Fifty Thousand Only) along with a sum of Rs.5,00,000/- (Rupees Five Lekhs only) towards compensation and Rs.2500/- (Rupees Two Thousand Five Hundred) being the cost of this proceedings to the complainant within 30 days from the date of receipt of the copy of this order, failing which the amount except cost shall carry an interest @ 9% p.a from the date of filing of the complaint (ie., 23/09/2020)  till the date of realization/remittance. 

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 Court, this the 28^th  day of February,  2022.

C.C. No. 176/2020

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:        NIL

                                                                                                                                    Sd/-

                                                                                                                               PRESIDENT