JOHN JACOB Vs. ANIL DAVIDSON

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking the following directions:

(2.) Brief material facts for the disposal of the writ petition are as follows: petitioners were the Managing Director and Director, respectively, of M/s.Samson and Sons Builders and Developers Pvt. Ltd., which is engaged in the construction of multistoried residential and commercial complexes. According to the petitioners, while the projects were in different stages of construction, due to financial stringency and various other reasons, the company could not complete the projects as agreed upon with the purchasers. The respondents herein, preferred C.C. No.84 of 2016 before the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram, inter alia for a direction to the opposite parties therein, to pay an amount of Rs.25,50,000.00 with interest. According to the petitioners, consequent to the registration of a criminal case, they were remanded in judicial as well as police custody and hence, were not in a position to engage a lawyer to appear and defend the case.

(3.) Anyhow, it is an admitted fact that the Consumer Disputes Redressal Commission passed Exhibit P2 ex parte order dtd. 2/12/2016 allowing Exhibit P1 complaint in part, thereby directing the opposite parties to pay to the complainants i.e., the respondents herein, an amount of Rs.25,50,000.00 with interest @ 12% per annum. Thereafter, respondents filed E.P.No.14 of 2017 in C.C. No.84 of 2016 for execution of the order, also invoking Sec. 27 of the Consumer Protection Act.