STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA CONSUMER COMPLAINT NO. SC/32/CC/86/2017 PRASANTH KUMAR PRESENT ADDRESS - Jalaja Bhavan, Koithoorkkonam pothencode P.O, TVM,KERALA.

.......Complainant(s)

Versus SAMSON AND SONS BUILDERS PRESENT ADDRESS - TC. 3/679, Kaliveena Building Muttada P.O, TVM,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: 09/01/2026

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM C.C.No.86/2017 ORDER DATED : 09.01.2026 PRESENT:

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

1.

Prashanth Kumar, S/o Late Prathap Kumar permanently residing at “Jalaja Bhavan”, Koithoorkkonam, Pothencode P.O., Thiruvananthapuram – 695 584

2.

Anila Ravindran, W/o Prashanth Kumar, permanently residing at “Jalaja Bhavan”, Koithoorkkonam, Pothencode P.O., Thiruvananthapuram – 695 584 (by Adv. G. Jayakumar & Adv. A. Ravindranath)

Vs.

OPPOSITE PARTIES:

1. M/s Samson & Sons Builders & Developers (P) Ltd. having its registered office at T.C.3/679, Kaliveena Building, Muttada P.O., Thiruvananthapuram – 25 represented by its Managing Director, John Jacob

2. Jacob Samson, Chairman M/s Samson & Sons Builders &

Developers (P) Ltd. Kaliveena Building, Muttada P.O., Thiruvananthapuram – 25

3. John Jacob, S/o Jacob Samson, Managing Director, M/s Samson &

Sons Builders & Developers (P) Ltd., Kaliveena Building, Muttada P.O., Thiruvananthapuram – 695 025

4. Samuel Jacob, S/o Jacob Samson, Director, M/s Samson & Sons Builders & Developers (P) Ltd., Kaliveena Building, Muttada P.O., Thiruvananthapuram – 695 025

5. Dhanya Mary Varghese, W/o John Jacob, Director, M/s Samson &

Sons Builders & Developers (P) Ltd., Kaliveena Building, Muttada P.O., Thiruvananthapuram – 695 025 (by Adv. Dougles Linsby N.R.)

ORDER

SRI. AJITH KUMAR D. : JUDICIAL MEMBER This is a complaint filed under Section 12 of the Consumer Protection Act, 1986, against Samson & Sons Builders & Developers (P) Ltd. and four others alleging deficiency in service.

2. The complainants are the husband and wife who are represented by the Power of Attorney Holder. The first opposite party is a company incorporated under the Indian Companies Act doing the construction and marketing of residential apartments. The opposite parties 2 and 3 are the Chairman and Managing Director and the other two opposite parties are the directors of the first opposite party.

3. The complainant had an intention to secure a residential apartment in Trivandrum and they got attracted by the advertisements made by the opposite parties. The opposite parties had approached the complainant and offered a residential apartment in the third floor of the proposed construction of apartment under the Type E with a super built up area of 1859sq.ft. with one covered car parking area in Samson & Sons Sanctuary – Nightingale along with undivided share in 0.988 cents in the entire 178 cents in the property comprised in Resurvey Nos.462/5, 462/6 and 465/4 in Block No.34 of Karakulam Village. The total consideration including the undivided share of the land was fixed as Rs.80lakhs. It was also promised by the opposite parties that they shall complete the construction with all amenities on or before 31.12.2016. The opposite parties had demanded Rs.25lakhs as booking advance. Agreeing with the promises made by the opposite parties, on 12.08.2013 the complainant had paid Rs.12 lakhs as initial advance amount and entered into an agreement for sale and construction of the apartment.

4. On 15.11.2013 the balance advance amount of Rs.13 lakhs was also paid by the complainant to the opposite parties. Further payments were agreed to be made on the stages of improvement in the project. The complainants could notice no progress in the construction o