TRIOFAB CONSTRUCTIONS PVT.LTD Vs. JOSEPH XAVIER

JUDGEMENT

(1.) The writ petitioners are a Private Limited Company and its Managing Director. They are challenging Ext.P11 order passed by the 2nd respondent-District Consumer Disputes Redressal Commission, Thrissur.

(2.) The petitioners state that the 1 st petitioner- Company proposed to construct a residential villa complex at Thrissur. The 1st respondent executed an agreement with the 1st petitioner for purchase of villa as per Ext.P1 dated 10.12.2011. The petitioner has completed the construction of residential villa and handed over the same to the 1 st respondent. Though the 1st respondent expressed full satisfaction with the construction, after starting residing in the villa in July, 2012, the 1st respondent preferred Ext.P2 complaint in 2013 before the District Consumer Disputes Redressal Commission, invoking the Consumer Protection Act , 1986.

(3.) On receipt of notice of the complaint, the petitioners filed their version denying the allegations made by the 1st respondent. The petitioners also stated that the complaint is not maintainable before the 2 nd respondent in view of an arbitration clause in Ext.P1 agreement. The petitioners insisted for considering maintainability of Ext.P2 complaint as a preliminary issue. The 2 nd respondent however dismissed the said application.