V.I. TITUS Vs. APPLE A DAY PROPERTIES PVT. LTD., APPLE TOWER, PALARIVATTOM, N.H. BYE PASS, EDAPPALLY, ERNAKULAM. R/BY ITS MANAGING DIRECTOR

JUDGEMENT

(1.) THIS is a complaint filed under section -12 of the Consumer Protection Act 1986 by the complainant claiming refund of the amount paid by him to the opposite party with interest and compensation.

(2.) THE case of the complainant as detailed in the complaint in brief is this: - The opposite party is M/s Apple A Day Properties Private Limited represented by its Managing Director. Complainant had booked an apartment No.G.102 (Phase 3 Nano Homes) in New Cochin Project of the opposite party who is a builder. Complainant has also entered into an agreement with the opposite party. Complainant had paid Rs.5,50,000/ -. Opposite party assured that flat will be delivered in May 2012. But the opposite party failed to deliver the flat. Opposite party did not sent any reply to the notice sent by the complainant. Therefore complainant filed this complaint seeking a direction directing the opposite party to complete the construction of the apartment and hand over the same to the complainant or refund Rs.5,50,000/ - with interest at the rate of 18% per annum and also claimed a compensation of Rs.15,00,000/ -.

(3.) OPPOSITE party remained absent though he received notice. Therefore he set exparte. Complainant filed proof affidavit and Exts.A1 to A6 were marked. As the case of the complainant is proved complaint is allowed.