STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA CONSUMER COMPLAINT NO. SC/32/CC/14/63 THOMAS SAJEEV PRESENT ADDRESS - VALIYAVEETTIL HOUSE,THANNEERMUKKM P.O, CHERTHALA TALUK, ALAPPUZHA ,KERALA.

.......Complainant(s)

Versus M/S MEADOW HOMES PVT LTD PRESENT ADDRESS - 34/2353, MAMANGALAM, COCHIN, 682025 ,KERALA.

M/S VAYALAT ESTATES PVT LTD PRESENT ADDRESS - CC/18/104, PALLURUTHY P.O, 682006 ,KERALA.

PRINCE J VELLUKUNNEL PRESENT ADDRESS - MEADOW HOMES PVT LTD, ,KERALA.

ROY J VAYALAT PRESENT ADDRESS - VAYALAT ESTATES PVT LTD, EDAKOCHI P.O, 682010 ,KERALA.

SANI FRANCIS PRESENT ADDRESS - MEADOW HOMES PVT LTD, ,KERALA.

OMANA JOSEPH PRESENT ADDRESS - VALIYA VEETIL HOUSE, THANEERMUKKAM P.O ,KERALA.

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

BEFORE:

HON'BLE MR. SRI.AJITH KUMAR.D , JUDICIAL MEMBER FOR THE COMPLAINANT:

NEMO FOR THE OPPOSITE PARTY:

NEMO DATED: 10/07/2025

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM C.C.No.63/2014 JUDGMENT DATED : 10.07.2025 PRESENT:

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

Thomas Sajeev @Sajeev Thomas, S/o Late P.P. John of Valiyaveettil House, Thannermukkom P.O., Cherthala Taluk, Alappuzha now residing at No.10, Lido Court, Epping, Victoria – 3076, Australia represented by his Power of Attorney Holder K.J., Thomichan, S/o K.P., Joseph, Karukaparambil House, Kanichikulangara P.O., Alappuzha (by Adv. Narayan R.)

Vs.

OPPOSITE PARTIES:

1. M/s Meadow Homes (P) Ltd. having its registered office at 34/2353, Mamangalam, Cochin – 682 025 represented by its Chairman, Prince J.

Vellukunnel

2. M/s Vayalat Estates (P) Ltd., CC 18/104, Palluruthy P.O., Ernakulam –

682 006 represented by its Managing Director, Roy J. Vayalat

3. Prince J. Vellukunnel, S/o Joseph being Chairman, Meadow Homes (P)

Ltd., residing at Vellukunnel House, 17-D, Express Estate Kaloor P.O., Ernakulam – 682 017

4. Roy J. Vayalat, S/o P.T. Joseph being Managing Director, Vayalat Estates (P) Ltd., residing at Vayalat Nest, Edakochi P.O., Ernakulam –

682 026

5. Sani Francis, S/o K.C. Francis, being Managing Director, Meadow Homes (P) Ltd., residing at House No.48/2005 C, RMV Road, Ernakulam – 682 026 (by Advs. Veena Raveendran & Santhosh Mathews)

6. Omana Joseph, W/o Thomas Sajeev@ Sajeev Thomas of Valyaveettil House, Thannermukkom P.O., Cherthala Taluk, Alappuzha now residing at No.10, Lido Court, Epping, Victoria – 3076, Australia

JUDGMENT

SRI. AJITH KUMAR D. : JUDICIAL MEMBER This is a complainant filed under Section 17 of the Consumer Protection Act, 1986 alleging deficiency in service against the opposite parties.

st

2. The complainant is represented by his Power of Attorney Holder. The 1 opposite party is a company registered under the Companies Act, 1956 which is represented rd by its Chairman who is separately arrayed in the capacity as the Chairman as the 3 opposite st party. The opposite parties 3 and 5 are the promoters and builders of the 1 opposite party.

nd The 2 opposite party is a real estate company registered under Companies Act, 1956 and 4 th opposite party is its Managing Director/land owner. The wife of the complainant has been staying with the complainant in Australia and hence unable to join as a complainant.

th Therefore, she is arrayed as the 6 opposite party as her inclusion in the proceedings is necessary for a proper adjudication.

th

3. The complainant and the 6 opposite had booked a flat with the opposite parties

1 to 5. On 28.09.2006 an agreement was entered into between the complainant and the opposite 1 to 5 by which the opposite parties 1 to 5 had promised to construct an apartment No.6D with a total area of 2057sq.ft. at “Grand Meadows” by fixing the total consideration as Rs.39,68,695/-(Rupees Thirty Nine Lakhs Sixty Eight Thousand Six Hundred and Ninety Five only). It was also agreed that the apartment will be handed over in July 2007. By 26.04.2007 the complainant had paid a total consideration of Rs.36,02,695/-(Rupees Thirty