SARGAM BUILDERS PVT LTD Vs. P T JOHN

JUDGEMENT

(1.) Heard Sri.K.Ramakumar, the learned senior counsel for the appellants.

(2.) Appellants are defendants 1 to 3 and 5 who along with the 4th defendant lost in two courts. They suffered a decree with costs for Rs 18,90,984/- with interest on Rs 13,41,373/-.

(3.) The first defendant is a private limited company. The second defendant is its chairman and managing director. The other defendants are the directors of the company. The company launched an apartment project at Vallarpadam in Ernakulam district. The plaintiffs who are husband and wife contracted with the company to purchase one apartment on the 12th floor of the building for Rs 45,88,744/-. The plaintiffs paid and the company received Rs 13,41,373/-. The balance was agreed to be paid in different installments at different stages of the construction of the building. The plaintiffs sought for return of the amount paid by them contending that the company abandoned the project. The defendants contended that the project could not be completed within the agreed time for reasons beyond their control. One reason stated was that the revenue divisional officer passed a restraint order under the Kerala Conservation of Paddy Land and Wet Land Act. Another reason stated was the lethargy of the contractor with whom the construction of the building was entrusted.