KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

    REVISION PETITION:19/2010

                             JUDGMENT DATED:13..07..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU      :  PRESIDENT

1.         Jain Housing and Constructions Ltd.,

11, Somasundaram Street, T.Nagar,

Chennai-600 017.

                                                                        : REVISION PETITIONERS

2.         M/s Jain Housing Constructions Ltd.,

Plot No.361, Main Avenue,

Panampilly Nagar, Kochi-36,

R/by its Deputy General Manager,

Philip Zachariah.

(By Adv:M/s Bechu Kurian Thomas & Others)

            Vs.

T.Joseph Chacko,

S/o T.G.Joseph,

53, Centuary Terrace,                                : RESPONDENT

Kadavanthara, Cochin.

(By Adv:Sri.Jacob Mathew Manalil & Sri.G.G.Manoj)

JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The Revision Petitioners are the opposite party builders in CC.110/10 in the file of CDRF, Ernakulam.  The order sought to be revised is the one passed in I.A.106/2010, as per which the opposite parties/Revision petitioners have been directed to hand over possession of flat No.14-B to the petitioner within 7 days of receipt of Rs.1,90,957/- from the petitioner/complainant.  It is the contention of the revision petitioners that a sum of Rs.5,08,334/- is due from the complainant.  The complaint was filed by the complainant for getting possession of the apartment and also seeking compensation for the delay in not handing over possession as per the terms of the agreement.

2. The matter was posted as top in the list.

3. Counsel for the respondent/complainant has submitted that the complainant is willing to provide bank guarantee for the amount allegedly due as contended by the opposite parties.  It is submitted that the date of handing over as per the agreement is over by months and that he wanted to do the interiors.   In the circumstances the order of the Forum is modified directing the complainant to provide bank guarantee for Rs.3,00,000/-.  It was submitted that Rs.1,90,957/- has already paid to the opposite parties.  On furnishing bank guarantee by the complainant/respondent within 15 days from the date of receipt of this order the opposite parties shall give possession of the apartment ie flat No.14-B of ‘Woodford’ Apartments to the complainant/respondent.  The revision petition is disposed of accordingly.

 The office will forward the LCR to the Forum along with the copy of this order urgently.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

VL.