STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA CONSUMER COMPLAINT NO. SC/32/CC/191/2017 T GANGADHARAN PRESENT ADDRESS - 94-C, POCKET-A, DILSHAD GARDEN, DELHI- 110095NCDRC,KERALA.

.......Complainant(s)

Versus P J HOMES PRESENT ADDRESS - MULAMPILLIL BUILDING, TC3/127-3, PRA-40, PARUTHIPPARA, MUTTADA.P.O, TVM- 695025NCDRC,KERALA.

.......Opposite Party(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 COMPLAINANT:

NEMO FOR THE OPPOSITE PARTY:

NEMO DATED: INVALID DATETIME

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM C.C.No.191/2017 JUDGEMENT DATED: 24.01.2025 PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA : PRESIDENT KUMAR SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. K.R. RADHAKRISHNAN : MEMBER COMPLAINANTS:

1.

T. Gangadharan, S/o Late A. Sankaran Nair residing at 94-C, Pocket-

A, Dilshad Garden, Delhi – 110 095

2.

Renju Gangadharan, S/o T. Gangadharan, residing at 94-C, Pocket-A, Dilshad Garden, Delhi – 110 095 (by Advs. Nair Ajay Krishnan & Narayan R.)

Vs.

OPPOSITE PARTIES:

1. M/s P.J. Homes, Mulampallil Building, T.C.3/127-3, PRA-40, Paruthippara, Muttada P.O., Thiruvananthapuram – 695 025 represented by its Managing Partner, John P.J.

2. John P.J., S/o Paul Dhason, Managing Partner, M/s P.J. Homes, T.C.3/600(2), TKD Road, Muttada P.O., Kowdiar Village, Thiruvananthapuram (by Adv. Dougles Linsby N.R.)

JUDGEMENT

SRI. AJITH KUMAR D. : JUDICIAL MEMBER This is a complaint filed under Section 17 of the Consumer Protection Act, 1986.

st nd

2. The 1 complainant is the father of the 2 complainant. The complainants had an intention to settle down in an around Kazhakkuttom area Thiruvananthapuram. They had seen the advertisements made by the opposite parties in the newspapers and internet regarding a land and villa project proposed by the opposite parties at Aiyroorpara Village in the name “Garden View”. The project contemplates construction of villas in the land comprising a total extent of 94.55 cents comprised in Sy.No.145/24-18 of Aiyroorpara Village. The complainants were to get ownership of 4.20cents of land along with undivided right in respect of 1.5cents of land along with Villa No.B3 constructed by the opposite parties.

3. On 25.07.2012 the opposite parties had collected an amount of Rs.15,00,000/-

(Rupees Fifteen Lakhs only) from the complainants as earnest money towards the confirmation of allotment. Sale deed with respect of transfer of 4.20cents of land along with nd undivided right of 1.5cents of land was executed on 02.07.2012 in favour of the 2 complainant. On 27.07.2012 an agreement of construction of the villa was executed between st the 1 complainant and the opposite parties. The agreement contemplates the construction of a villa namely Villa No.B3 with a plinth area of 1712sq.ft. in the land owned by the complainants. The total consideration was fixed as Rs.50,00,000/-(Rupees Fifty Lakhs only).

4. In addition to the first payment, the complainants have paid Rs.10,00,000/-

(Rupees Ten Lakhs only) on 14.09.2012, Rs.7,50,000/-(Rupees Seven Lakhs Fifty Thousand only) each on 16.11.2012 and 09.02.2013. Thus by February 2013 a total amount of Rs.40,00,000/-(Rupees Forty Lakhs only) was paid to the opposite parties. It is clearly stipulated in the agreement that the entire construction of the villa will be over and handed over possession of the same on or before 31.03.2013. Inordinate delay was caused in adhering to the time schedule contemplated in the agreement. The work up to the first floor alone was completed. The complainants had availed financial assistance from the Union Bank of India, Main Branch for the purpose of effecting payments to the opposite parties. The complainants are entitled to get interest on the loan availed by them. There was no progress in the construction after the completion of the first floor.

5. The opposite parties had demanded a further amount of Rs.7,50,000/-(Rupees Seven