STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA CONSUMER COMPLAINT NO. SC/32/CC/60/2016 MS SUSAN K GEORGE PRESENT ADDRESS - KOTTAKKAL KIZHAKKETHIL CARBORUNDUM ROAD KALAMASSERY DEVELOPMENT PLOT PO COCHIN,KERALA.

.......Complainant(s)

Versus JAIN HOUSING AND CONSTRUCTIONS LTD PRESENT ADDRESS - NO 11 SOMASUNDARAM STREET T NAGAR CHENNAI

600017,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: 21/11/2025

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM C.C.No.60/2016 JUDGMENT DATED:21.11.2025 PRESENT:

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

Susan K. George, D/o Mary George, Psychologist residing at KottakkalKizhakkethil, Carborundum Road, Kalamassery Development Plot P.O., Cochin – 683 109 (by Adv. K.S. Sajeevkumar and Adv. T.L. Sreeram)

Vs.

OPPOSITE PARTY:

Jain Housing and Constructions Limited, a private limited company registered under the Companies Act, 1956 having its registered office at No.11, Somasundaram Street, T. Nagar, Chennai – 600 017 represented by its Managing Director (by Adv. George Cherian Karippaparambil and Adv. S. Reghukumar)

JUDGMENT

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT This is a complaint filed under Section 17 of the Consumer Protection Act, 1986. 2. The complainant executed an agreement dated 15.02.2007 with Mr.

Premraj T.C., Mrs. Geethanjali and Mr. Sanal P. for purchasing the undivided share of property having an extent of 113.96 cents wherein the project ‘Jains Coral Cove’, was proposed to be established. The complainant also executed an agreement with the opposite party on the very same day for the construction of an apartment. Thereafter, the complainant used to pay the amount in accordance with the payment schedule. The apartment proposed to be purchased by the complainant was having a built-up area of approximately 1469sq.ft. The total consideration was Rs.31,44,733/-, which had been paid by the complainant as per the payment schedule. As per the construction agreement, the apartment had to be completed within a period of 33 months from the date of commencement of the construction. However, even though the complainant had paid the entire amount as per the agreement, except an amount of Rs.1,69,265/-, which was payable at the time of handing over the completed apartment, the apartment was not handed over to the complainant. The complainant, in the said circumstances, filed the above complaint praying for handing over the possession and ownership of the completed apartment to the complainant. The complainant also prayed for granting an amount of Rs.2,00,000/- to the complainant with interest at the rate of 10% per annum from 15.11.2013 till realisation towards the mental agony and loss suffered by the complainant due to the deficiency in service and unfair trade practice on the part of the opposite party. The complainant also prayed for granting a penalty amount of Rs.5,60,000/- at the rate of Rs.20,000/- as compensation for the loss of rental value as on the date of the complaint along with future loss of rental value till actual handing over of the completed apartment to the complainant.

3. The opposite party filed a version admitting the execution of the construction agreement by the opposite party with the complainant. It is contended that the complainant had taken possession with full satisfaction. The amount to be paid at various stages was paid only after causing much delay. It is contended that there was a huge delay of 7 years in making payment of the amount. Finally, the payment was made only on 21.12.2018. It is also contended that the complaint is barred by limitation. The sale deed regarding the undivided share in the project was executed on 30.03.2007 as per Docum