STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA CONSUMER COMPLAINT NO. SC/32/CC/30/2019 JYOTHI SETHUMADHAVAN NAIR PRESENT ADDRESS - PRASANTH,PUDUPPARYARAM(PO),PALAKKADU,KERALA.

.......Complainant(s)

Versus M/S.JAINS HOUSING&CONSTRUCTIONS LTD PRESENT ADDRESS - DOOR.NO-98/99,PASUMBAN THEVAR KALYANA,T NAGAR,HABEEDULLA ROAD,CHENNAI-600017,KERALA.

SANDEP MEHTHA PRESENT ADDRESS - DIRECTOR,M/S.JAI HOUSING AND CONSTRUCTION CO LTDPASUMBAN THEVAR KALYAN,T NAGAR,CHENNAI,KERALA.

COLLEEN PETRIZ PRESENT ADDRESS - BRANCH IN CHARGE,JAIN HOUSING AND CONSTRUCTION CO LT,ABHRAHAM MASTER ROAD,PANAMPALLY NAGAR,KOCHI-682036,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: 20/01/2026

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM C.C.No.30/2019 ORDER DATED : 20.01.2026 PRESENT:

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

Jyothi Sethumadhavan Nair, W/o Muralidharan R., ‘Prashanth’, Puduppariyaram P.O., Palakkad – 678 731 now residing at Apartment No.4033, Jains Tufnell Gardens, Nilampathinjimukal Road, Kakkanadu, Ernakulam (by Adv. N.G. Mahesh, Amicus Curiae)

Vs.

OPPOSITE PARTIES:

1. M/s Jain Housing & Constructions Company Limited, Door No.98/99, Pasumban Devar Kalyana, T Nagar, Habeebulla Road, Chennai –

600 017 represented by its Managing Director, Sandeep Mehta

2. Sandeep Mehta, S/o Ashok Mehta, Managing Director, M/s Jain Housing & Constructions Company Limited, Door No.98/99, Pasumban Devar Kalyana, T Nagar, Habeebulla Road, Chennai –

600 017

3. Colleen Petriz, W/o Joseph Antony, Branch In Charge Kerala, M/s Jain Housing & Constructions Company Limited,39/6605/A-12 C, Abraham Master Road, Panampilly Nagar, Kochi, Ernakulam – 682

036 (by Adv. George Cherian Karippaparambil)

ORDER

SRI. AJITH KUMAR D. : JUDICIAL MEMBER This is a complaint filed under Section 17(1)(a) of the Consumer Protection Act, 1986, against Jain Housing and Constructions Company Limited and two others.

2. The complainant was staying in a rented house at Maradu and so she had decided to purchase a residential premises at Ernakulam. She had seen an advertisement in the Times of India regarding the project of the opposite parties by name “Jain Tuffnel Gardens” at Kakkanad. The representative of the first opposite party had contacted the complainant and offered that they will construct a luxurious life style apartments in their project near Kochi Info Park. According to them, the housing project consists of eight blocks with 152 flats with all ameneties in each block in 8 acres of property.

3. The first opposite party is a company doing the business of developer cum construction contractor which is represented by the Managing Director, the second opposite party. The third opposite party is the Branch Head of the first opposite party.

4. On 29.03.2018, an agreement was executed by the complainant and the opposite party for the sale of flat No.4033 in the third floor of the fourth block of “Jains Tufnell Gardens”. The total cost of the flat was fixed as Rs.40,92,210/-(Rupees Forty Lakhs Ninety Two Thousand Two Hundred and Ten only). As per the agreement, the complainant had to pay the entire consideration on or before 29.04.2018 and the opposite parties had agreed to hand over the flat by that period. The opposite parties had also assured that they had already obtained approval from the competent authorities, completed construction in all respects and the building is ready for occupation.

5. As per the agreement, the opposite parties agreed to hand over the flat having built up area of 1000 sq.ft. and 186 sq.ft. of common area in the third floor in block No.4 in the residential complex Jains Tufnell Gardens with general specifications contained in Schedule E of the Memorandum of Agree