KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

C.C. No. 202/2017

JUDGMENT DATED: 03.06.2024

PRESENT:

HON’BLE JUSTICE SRI. K. SURENDRA MOHAN     : PRESIDENT

SRI. AJITH KUMAR D.                                                    : JUDICIAL MEMBER

SRI. RADHAKRISHNAN K.R.                                        : MEMBER

COMPLAINANT:

Yohannan Cherian, S/o late Perumal Yohannan, Space Marvel Mansion, Flat No. A6, Goureesapattom, Pattom P.O., Thiruvananthapuram represented by his Power of Attorney Holder P.C. Varghese, CKRA 15 B, Mannanthala, Nalanchira, Thiruvananthapuram-695 015.

                                      (By Adv. A. Santhosh Kumar)

                                                Vs.

OPPOSITE PARTIES:

1. M/s Sobha Parvathy Ajith Consultants, Engineers & Builders Pvt. Ltd. Company (Space Builders) having registered office at T.C. 11/1535-1, Kausthubham, Cliff House Road, Kowdiar P.O., Thiruvananthapuram represented by its Managing Director, Sobha Ajith.

2. Sobha Ajith, W/o Ajith Kumar, Managing Director, M/s Sobha Parvathy Ajith Consultants, Engineers & Builders Pvt. Ltd. Company (Space Builders) having registered office at T.C. 11/1535-1, Kausthubham, Cliff House Road, Kowdiar P.O., Thiruvananthapuram.

3. Ajith Kumar, Chairman & Executive Director, M/s Sobha Parvathy Ajith Consultants, Engineers & Builders Pvt. Ltd. Company (Space Builders) having registered office at T.C. 11/1535-1, Kausthubham, Cliff House Road, Kowdiar P.O., Thiruvananthapuram

                                         (By Adv. Meena C.R.)

JUDGMENT

HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT

Counsel for the complainant has filed a memo dated 21.05.2024 for withdrawing this complaint.  Counsel for the opposite party submits that since the matter has been pending from 2017 onwards, it is necessary to award costs.  Counsel for the complainant points out that the complaint is withdrawn since the complainant has already approached the Real Estate Regulatory Authority for similar reliefs.  We notice that during the course of seven years what has happened is that the opposite parties have filed version and a petition to have the disputed document sent for the opinion of an expert.  On that petition no orders have been passed.  Since no evidence has been adduced and the trial has not been commenced we are not satisfied that any costs are necessary to be granted.  Therefore, this complaint is dismissed as withdrawn, without prejudice to the rights of the complainant to pursue the matter pending before the RERA.  

JUSTICE K. SURENDRA MOHAN  : PRESIDENT

                                  AJITH KUMAR  D. : JUDICIAL MEMBER

                                                                                                RADHAKRISHNAN K.R.  : MEMBER

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