STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/A/15/190 null K T LAWRENCE PRESENT ADDRESS - . ,KERALA.

.......Appellant(s)

Versus VINOD UNNIKRISHNAN PRESENT ADDRESS - . ,KERALA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT SRI.RADHAKRISHNAN.K.R , MEMBER FOR THE APPELLANT:

NEMO FOR THE RESPONDENT:

NEMO DATED: INVALID DATETIME

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL Nos.189/2015 and APPEAL No.190/2015 COMMON JUDGEMENT DATED : 03.02.2025 (Against the order in C.C.No.381/2012 and 382/2012on the files of DCDRC, Ernakulam)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA : PRESIDENT KUMAR SRI. K.R. RADHAKRISHNAN : MEMBER APPEAL No.189/2015 APPELLANTS:

1.

Lawrence K.T., S/o Thomas, Kalathiparambil House, Chirkkakam Kara, Varppuzha – 683 517

2.

Mercy Lawrence, Kalathiparambil House, Chirkkakam Kara, Varppuzha –

683 517 (by Adv. N. Sudha and Adv. V.S. Bimal)

Vs.

RESPONDENTS:

1.

Jeevan Sasisharan, S/o N. Sasidharan, Padma Nivas, Chathari, Tripunithura, Ernakulam – 682 301 (by Adv. Maneesha Kumar)

2.

Alliance Habitat & Real Estate (India) Pvt. Ltd. represented by its Director, Thankamma Joseph, W/o K.A. Joseph, 32/3007, Aysha Road, Anchumury, Vyttila – 682 012

APPEAL No.190/2015

APPELLANTS:

1.

Lawrence K.T., S/o Thomas, Kalathiparambil House, Chirkkakam Kara, Varppuzha – 683 517

2.

Mercy Lawrence, Kalathiparambil House, Chirkkakam Kara, Varppuzha –

683 517 (by Advs. N. Sudha & V.S. Bimal)

Vs.

RESPONDENTS:

1.

Vinod Unnikrishnan, S/o C. Unnikrishnan, Geethanjali, Eroor South P.O., Tripunithura – 682 306 (by Adv. Maneesha Kumar)

2.

Alliance Habitat & Real Estate (India) Pvt. Ltd. represented by its Director, Thankamma Joseph, W/o K.A. Joseph, 32/3007, Aysha Road, Anchumury, Vyttila – 682 012

COMMON JUDGEMENT

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT

The appellants in Appeal 190/2015 are the 2 and 3 opposite parties in C.C.

No. 381/2012 and the appellants in Appeal 189/2015 are the 2 and 3 opposite parties in C.C.No.382/2012 on the files of the District Consumer Disputes Redressal Commission, Ernakulam (for short ‘the District Commission’). The 1 respondent in both the cases are the respective complainant in the complaints.

2. The flats/apartments agreed to be constructed in C.C. No.381/2012 and C.C.

No.382/2012 are in the same complex. The opposite parties in both the cases are the same people. The contentions in both the cases were similar. Therefore, a joint trial was conducted and thereafter, the District Commission disposed of both the cases by a common order. Since the evidence is common, we are inclined to dispose of these appeals by this common judgment.

nd rd

3. The 2 and 3 opposite parties, who were the owners in possession of

208.595 cents of land in Thrikkakkara North Village, entered into an agreement with each of the complainants for a joint venture project for the development of a building st project, namely “Alliance World” in the above said property. The 1 opposite party nd was appointed as the irrevocable agent of the 2 opposite party for the development and sale of the property in the joint venture project. The joint venture project was created by the opposite parties 1 to 3, to share profit and loss. Fascinated by the promise given by the opposite parties, the complainant in both the cases decided to purchase 1/250 undivided share each in the property and the right to construct a flat

therein. Accordingly, the 2 and 3 opposite parties entered into an agreement for

sale on 30.07.2007 with each of the complainants, for a consideration of Rs.20,000/-

(Rupees Twenty Thousand only) each.

4. On the same day, the 1 opposite party entered into an agreement with the complainant in C.C. No.381/2012, agreeing to construct apartment No. 604 for a total consideration of Rs.27,93,361/-(Rupees Twenty Seven Lakh Ninety Three Thousand st Three Hundred and Sixty One only). On the same day, the 1 opposite party entered into an agreement with the complainant