STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/A/553/2017 null DESAI HOMES PRESENT ADDRESS - 40/7669, C 40, 1ST FLOOR, DD VASTRA MAHA, MARKET ROAD, ERANAKULAM- 682011 ,KERALA.

.......Appellant(s)

Versus JOHN PHILIP PRESENT ADDRESS - SAMRIDHI APPARTMENTS, PALARIVATTOM, THAMANAM.P.O, KOCHI- 682020 ,KERALA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT HON'BLE MR. SRI.AJITH KUMAR.D , JUDICIAL MEMBER SRI.RADHAKRISHNAN.K.R , MEMBER FOR THE APPELLANT:

DESAI HOMES, BINU MATHEW (Advocate)

FOR THE RESPONDENT:

JOHN PHILIP, In-Person DATED: INVALID DATETIME

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No. 553/2017 JUDGMENT DATED: 17.02.2025 (Against the Order in C.C. 731/2013 of DCDRC, Ernakulam)

PRESENT:

SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. RADHAKRISHNAN K.R. : MEMBER APPELLANT:

st M/s Desai Homes, 40/7669, C 40, 1 Floor, DD Vastra Maha, Market Road, Ernakulam-682 011 represented by Managing Partner Mr. V.R. Desai.

(By Adv. Binu Mathew)

Vs.

RESPONDENTS:

1. John Philip, Samridhi Apartments, Palarivattom, Thamanam P.O., Kochi-682 020. 2. Jeny John, W/o John Philip, Samridhi Apartments, Palarivattom, Thamanam P.O., Kochi-682 020.

(By Adv. Sandeep T. George)

JUDGMENT

SRI. AJITH KUMAR D. : JUDICIAL MEMBER This is an appeal filed by the opposite party in C.C. No. 731/2013 on the files of the District Consumer Disputes Redressal Commission, Ernakulam (for short “the District Commission”). On 27.09.2016 the complaint was allowed by the District Commission and directed the opposite party to pay interest @ 12% per annum on Rs. 16,71,508/- (Rupees Sixteen Lakh Seventy One Thousand Five Hundred and Eight only) for the period from 01.01.2011 to 29.05.2014 with a default clause to pay interest @ 18% per annum till the actual date of handing over of the possession of the apartment. Compensation to the tune of Rs. 1,00,000/- (Rupees One Lakh only) and costs of Rs. 25,000/- (Rupees Twenty Five Thousand only) was also ordered. Being aggrieved by the aforesaid order, this appeal has been filed.

2. The complaint was filed alleging deficiency in service against the opposite party with respect to an apartment. On 10.03.2008 the complainants had entered into an agreement with the opposite party for the sale and construction of an apartment by agreeing to transfer 982/54000 undivided shares over 2 Hectres 28 sq. m of land comprised in Survey Nos. 1/7, 1/10, 15/5, 16/1, 16/4, 16/8 and 16/9 of Kakkanad th Village. The apartment bears No. 105-I on the 5 floor of Tower-1 having a built up area of 982 sq. ft along with one car parking space including undivided share in the common area and common facilities in the project namely ‘DD Misty Hills’. The complainants had booked the above said flat by paying an amount of Rs. 16,71,508/- (Rupees Sixteen Lakh Seventy One Thousand Five Hundred and Eight only) on 28.05.2008, by availing a loan from ICICI Bank. It was agreed to complete the construction of the flat by 31.12.2010 and possession should be given by 30.06.2011. Six months period was shown as grace period. The flat was not handed over to the complainants by the opposite party. The complainants were working at Ernakulam with a hope that they would be getting their own apartment for accommodation. Since the opposite party had failed to hand over the possession of the apartment, the complainants are entitled to get rent for the period from 01.01.2011 till the delivery of the flat is effected. The complainants came to know that the construction of the flat was only on half way and it would take one more year to complete the construction work. So, they are entitled to get rent @ Rs. 12,500/- (Rupees Twelve Thousand Five Hundred only) per month. The complainants had caused issuance of a lawyer notice dated 16.07.2013 for which there was no response. The complainants would seek for compensation to the tune of Rs. 1,00,000/- (Rupees One Lakh only) and also monthly re