HEERA CONSTRUCTION CO.P.LTD. Vs. LAKSHMI MURALIDHARAN

JUDGEMENT

(1.) This appeal is directed against the order dated 16.7.2002 of Kerala State Consumer Disputes Redressal Commission, Thiru -vananthapuram, whereby appellant/opposite party No 4 was directed to pay amount of Rs 4,45,000/ - with interest, to respondent No 1/complainant.

(2.) Facts in so far as they are relevant for deciding this appeal are these: Respondent no.1 entered into an agreement on 25.6.1996 with respondent Nos 2 & 3/opposite parties Nos. 1 & 3 and R. Gopinathan Nair, O.P. No. 2 to buy a flat, the possession whereof was to be given within a period of 24 months from the date of execution of that agreement. Respondent No. 1 paid amounts of Rs. 3 lacs on 26.6.1996 and Rs. 1,45.000/ -on 24.7.1996 to the said respondents. On possession not been given, respondent no. 1 filed complaint against respondent Nos 2 & 3 and said R. Gopinathan Nair who contested it by filing written versions. Under a tripartite agreement dated 3.12.2000, the project was taken over by the appellant and it was, therefore, impleaded as O.P. No. 4. Appellant contested the complaint on a variety of grounds. The complaint was allowed by the State Commission in the manner noticed above.

(3.) We have heard the parties Ld. counsel and have also taken through the record.