Kerala

Thiruvananthapuram

CC/58/2021

K . G Girija - Complainant(s)

Versus

A R Babu,MD Heera Constriction Company - Opp.Party(s)

30 Apr 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACADU, THIRUVANANTHAPURAM

PRESENT

                                  SRI.P.V.JAYARAJAN      : PRESIDENT

SMT.PREETHA.G.NAIR   : MEMBER

                                 SRI.VIJU.V.R.                 : MEMBER

CC.NO.58/2021 (Filed on : 01.02.2021)

ORDER DATED : 30.04.2022

COMPLAINANT

K.G.Girija &

C.S.Gopi, Mayooram,

Thittamangalam, TRA 301, Vattiyoorkavu,

Thiruvananthapuram-13

 

(Party in person)

                                                          VS

OPPOSITE PARTY

A.R.Babu,

Managing Director,

Heera Constructions Company, Heera park,

M.P.Appan Road, Vazhuthacadu,

•  

 

                  (Set Exparte)

ORDER

SMT.PREETHA.G.NAIR  : MEMBER

The complainants entered into an agreement with the opposite party to construct Apartment area 570 sq.ft for an amount of Rs.19,10,000/-.(Nineteen Lakhs and thousand) They had paid Rs.15,00,000/- in instalments upto 31.03.2013. The construction of Apartment is not completed on April 2013. On December 2015 the opposite party had sold the flat to another person without the consent of complainant for an amount of Rs.5000/- per sq.ft. Total the price of flat was Rs. 28,50,000/- (Twenty eight lakhs and fifty thousand only) excluding electrical, sanitary fittings furniture and gas connection fittings. Then the opposite party had got Rs.11,40,000/- as excess amount. Upto 16.09.2017 the opposite party had paid Rs.8,00,000/- and Rs.30,000/- to the complainant. The opposite party had not paid balance amount of Rs.7,00,000/- with interest from 31.03.2013 onwards. Now the construction was not completed. The complainants demanded the balance amount from opposite party on several occasions. But the opposite party had failed to pay the balance amount with interest. Hence the complaint.

          2.       After accepting the notice the opposite party not appeared and not filed version. Hence opposite party set exparte. The complainant filed affidavit and documents. Exts.P1 to P4 marked.

Issues to be considered are :

1.       Whether the complaint is maintainable?

2. Whether there is any deficiency in service on the part of opposite party?

Issues1 & 2

We perused relevant documents on record. As per Ext.P1 is the copy of agreement between the complainant and opposite party. Ext.P2 is the copy of Ledger Account of complainant from 1^st April 2009 to 10/11/2017 revealed the payment of fifteen lakhs. Ext.P3 is the copy of public Announcement. According to the complainant the opposite party had paid only Rs.8,00,000/- lakhs with Rs.30,000/- interest. The complainants had paid Rs.15,00,000/-. The opposite party had not completed the construction of flat and not given the amount to the complainants. The complainants filed delay condonation petition (IA.100(A)/21). After receiving the petition the opposite party had not filed objection. So the petition allowed. The complainant not produced documents to prove the sale of flat. As per Ext.P4 the complainant demanded Rs.8,00,000/- with interest. But in the complaint the complainant claimed Rs.7,00,000/- with interest. The opposite party failed to produce evidence to disprove the case of complainants. In view of the above discussions, we find that the acts of opposite party amounts to deficiency in service.

                In the result, complaint allowed. We direct the opposite party to pay Rs.7,00,000/- (Rupees. Seven lakhs only) with 6% interest from 31/03/2013, pay Rs.25,000/- (Rupees twenty five thousand only) as compensation and pay Rs.2,500/- (Rupees two thousand five hundred only) as cost of the proceedings within 30 days from the date of receipt of this 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 30^th day of April 2022.

                                                                           Sd/-

P.V.JAYARAJAN   : PRESIDENT

 

                                                                                        Sd/-

  PREETHA .G.NAIR: MEMBER

 

                                                                                                 Sd/-

                                                                                          VIJU.V.R: MEMBER

 

 

 

 

Be/

 

APPENDIX

CC.NO.58/2021

List of witness for the complainant

PW1            - K.G.Girija

List of Exhibits for the complainant

Ext.P1         - Copy of agreement

Ext.P2         - Copy of ledger account statement

Ext.P3         - Copy of public announcement Form A

Ext.P4         - Copy of Claim statement form CA (April 2019)

List of witness for the opposite party - NIL

Exhibits for the opposite party - NIL

 

 

                                                                                    Sd/-

                                                                             PRESIDENT