STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA CONSUMER COMPLAINT NO. SC/32/CC/15/135 SHIBUJI M DAVID PRESENT ADDRESS - 3226, GREEN BROOK DRIVE NORTH BROOK IL 60062 USA ,KERALA.

.......Complainant(s)

Versus M/S PURAVANKAA PROJECTS LTD PRESENT ADDRESS - G 261 PANAMPALLY AVENUE KOCHI 682036 ,KERALA.

.......Opposite Party(s)

BEFORE:

HON'BLE MR. SRI.AJITH KUMAR.D , JUDICIAL 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. 135/2015 JUDGMENT DATED: 21.05.2025 PRESENT:

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

Shibuji M. David, presently residing at 3226, Glen Brook Drive, North Brook, IL- 60062, USA, and having permanent address at Eattivila House, Nedumon Desom, Ezhamkulam Village, Kunnathoor, Pathanamthitta-691 556.

(By Adv. S. Reghukumar)

Vs.

OPPOSITE PARTIES:

1. M/s Puravankara Projects Ltd., G-261, Panampilly Avenue, Kochi-682 036 represented by its Managing Director.

2. The Managing Director, M/s Puravankara Projects Ltd., G-261, Panampilly Avenue, Kochi-682 036.

(By Adv. Jolly John and Adv. Irene Babu)

JUDGMENT

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

2. The Puravankara Projects Ltd. and its Managing Director are the opposite parties. They are engaged in the construction of the apartment. On 24.01.2008, the complainant had entered into agreements with the opposite parties for the sale of undivided share in the land comprising in 104.9578 Ares and construction of the apartment having a super built area of 1456.04 sq. ft. The construction had to be completed within 30 months from the date of obtaining commencement certificate for the project from the relevant authority. The complainant was made to believe that the opposite parties had already obtained the building permit from the Corporation of Cochin and assured that the construction would be completed by June 2010 and a three th bed room apartment bearing No. 604 on the 6 floor in the GC Block with covered car parking area be handed over to the complainant. The total consideration was fixed as Rs. 73,93,750/- (Rupees Seventy Three Lakh Ninety Three Thousand Seven Hundred and Fifty only). The complainant started payment of the amount as and when demanded by the opposite parties. But the construction was progressing in a slow manner and the progress was not in accordance with the payment schedule. By 10.11.2008, the complainant had paid an amount of Rs. 43,83,447/- (Rupees Forty Three Lakh Eighty Three Thousand Four Hundred and Forty Seven only). The complainant had to avail loan also for effecting the payments. The construction was unduly delayed. Despite having received 59% of the amount, the opposite parties never cared to complete the project. The opposite parties had siphoned the amount to other projects. Though 59% of the amount was collected, the structure was not even completed. On account of the compulsion of the complainant, the sale deed was executed on 30.01.2015. There is deficiency in service and unfair trade practice on the side of the opposite parties in causing undue delay in completing the work. The opposite parties ought to have paid the interest for the amount of Rs. 43,83,447/- (Rupees Forty Three Lakh Eighty Three Thousand Four Hundred and Forty Seven only) received by them. The complainant would seek for interest @ 15% for the amount of Rs. 43,83,447/- (Rupees Forty Three Lakh Eighty Three Thousand Four Hundred and Forty Seven only) from 10.11.2008 till payment. The complainant would also seek for realization of compensation of Rs. 10,00,000/- (Rupees Ten Lakh only) and Rs. 25,000/- (Rupees Twenty Five Thousand only) as litigation costs.

3. The opposite parties had filed a written version. They would admit the execution of the agreements and also the registration of the sale deed in favour of the complainant. According