STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA CONSUMER COMPLAINT NO. SC/32/CC/101/2017 AJISH BABU PRESENT ADDRESS - DEVI VILASOM, THIRUVANCHOOR.P.O, KOTTAYAM,KERALA-

686037NCDRC,KERALA.

.......Complainant(s)

Versus P J HOMES PRESENT ADDRESS - MULAMPALLIL BUILDING, TC3/127-3, PRO-40, PARUTTIPPARA, MUTTADA.P.O, THIRUVANANTHAPURAM- 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.101/2017 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.

Ajish Babu, S/o Sukumaran Nair residing at Devi Vilasom, Thiruvanchoor P.O., Kottayam – 686 037

2.

Kavya Ravindran, W/o Ajish Babu, residing at Devi Vilasom, Thiruvanchoor P.O., Kottayam – 686 037 (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.

2. The complainants are the husband and wife. The complainants had proposed to settle down in and around Kazhakkuttom area, Thiruvananthapuram. They had seen 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 having a total extent of 94.55 cents comprised in Sy.No.145/24-18 of Aiyroorpara Village. The complainants were to get ownership of 4.60cents of land along with undivided right in respect of 1.5cents of land along with Villa No.A3 constructed by the opposite parties. 3. On 09.08.2012 the opposite parties had collected an amount of Rs.13,00,000/-

(Rupees Thirteen Lakhs only) from the complainants as earnest money towards the confirmation of allotment. Sale deed with respect of transfer of 4.60cents of land along with undivided right of 1.5cents of land was executed on 09.08.2012 in favour of the complainants. On 18.09.2012 an agreement of construction of the villa was executed between the complainants and the opposite parties. The agreement contemplates payments in three stages and by February 2013, the opposite parties were paid a sum of Rs.46,40,000/- (Rupees Forty Six Lakhs Forty Thousand only). It was also agreed by the opposite parties that they would complete the entire construction and hand over possession of the villas on or before 31.03.2013. But the construction never progressed.

4. The complainants had already availed financial assistance from the Union Bank of India for effecting payments to the opposite parties. On 31.03.2013 the opposite parties had demanded Rs.6,00,000/-(Rupees Six Lakhs only) for the completion of the remaining works which was paid by the complainant on 10.03.2014. Thus a total amount of Rs.52,40,000/-(Rupees Fifty Two Lakhs Forty Thousand only) was paid to the opposite parties by March 10, 2014. But the construction was not completed.

5. As per clause 19 of the agreement, the opposite parties are liable to refund the amount of earnest money and all other amount with interest @12% per annum till repayment and all costs and expenses. So the complainant had terminated the developmental agreement vide notice dated 09.10.2015 and sought for the refund of the earnest money along with 12%

interest.

6. The opposite parties had sent a reply ad