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K. SURENDRA, MOHAN, AJITH KUMAR D., BEENAKUMARI A., RADHAKRISHNAN K. R.
Arul C Wilson – Appellant
Versus
Samson & Sons Builders – Respondent
JUDGMENT
K. Surendra Mohan, President—This is a complaint filed under Section 17 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act for short) claiming compensation for alleged deficiency in service and unfair trade practice of the opposite parties. The 1st opposite party is a Private Limited Company engaged in the business of land development, construction and sale of apartments, villas and other residential structures. The 2nd opposite party is the Managing Director of the Company while the other opposite parties are the Directors of the 1st opposite party.
2. The opposite parties were in the process of executing an apartment project in a property admeasuring 45 cents comprised in Survey No.2762 of Kowdiar Village located at TKD Road, Pattom. The project was named “Samson & Sons NOVA Castle Apartment”. The property is described more particularly in ‘A’ Schedule appended to the complaint. Opposite parties 2 to 5 persuaded the complainant to purchase an apartment in the project. According to them, it was a luxurious apartment having a built up area of 2100 sq.ft. He was also offered 1.15 cents of undivided interest in the land. The total cost of the apartment
(1) Consumer Protection Act - Complainant has chosen his remedy under the Consumer Protection Act, his complaint before this Commission is perfectly maintainable and there is no embargo in proceeding....
Owing of House – The desire of a person to own a house of his own is sacred and sacrosanct. It was to satisfy the said desire of the complainant that he had parted with such a huge amount, raising pa....
A construction agreement failure coupled with dishonoured refund cheques constitutes a deficiency in service under the Consumer Protection Act, 1986, entitling the consumer to a refund with interest ....
Fair and Delay Compensation - Opposite Party has not given any timeline when it will give possession of the Unit to the Complainants. Therefore, the Complainants are entitled for fair and delay compe....
Commercial Purpose - Mere allegation, that the purchase of the property is for commercial purpose, cannot be the ground to reject the present consumer complaint.
A developer cannot circumvent consumer liability for failure to deliver property by executing settlement agreements; such persistent failure constitutes a continuing cause of action under the Consume....
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