JUDGEMENT

SRI. AJITH KUMAR D. : JUDICIAL MEMBER

This is a complaint filed under Section 17 of the Consumer Protection Act, 1986 alleging deficiency in service and unfair trade practice against M/s Shwas Homes and two others with respect to the purchase of an apartment.

2. The allegation contained in the complaint as amended in brief are stated hereunder:

The 1st and 2nd opposite parties are the builders of “Magic Lily” in the project Aqua City under the banner of Shwas Homes on Aduva Thuruth. As per the agreement dated st nd 30.09.2009, the 1 and 2 opposite parties in joint venture agreement had agreed to construct an apartment No.21 A in the multi storied building “Magic Lily” having a super built area of 1205sq.ft. inclusive of undivided share in common area within a period of 30 months from the date of agreement and hand over its possession along with 1572/255570 undivided share in 54.250 cents of land comprised in Survey No.176/2, 176/3, 431/3A13 of Karumalloor Village for a total sale consideration of Rs.35,34,442/-(Rupees Thirty Five Lakh Thirty Four Thousand Four Hundred and Forty Two only).

3. The 1 complainant is the son of 2 complainant. The complainant has a daughter by nam