M/S. DESAI HOMES Vs. DANIEL P. JOHN

JUDGEMENT

(1.) The two complaints, CC No. 20/2010 and CC No. 21/2010 were filed by the Complainants Mr. Daniel P. John and Mrs. Jenny A. John in respect of the deficiency alleged against M/s. Desai Homes for not having delivered the two flats booked by them being flat no. 12C and 12D in the upcoming project of the Developer Builder named DD Samudra Darshan facing the backwater of Cochin on the side of Hotel Taj Residency and Marine Drive situated over Survey No. 843 of Village Ernakulam. Both the complaints were contested by M/s. Desai Homes and it was ultimately found by the State Consumer Disputes Redressal Commission, Kerala that the Builder had committed deficiency in service and therefore the Complaints were allowed on the following terms:

(2.) The aforesaid Order dtd. 30/12/2014 according to the Complainants was complied with by the Complainants and according to the disclosures made in the Appeals filed by the Complainants namely Appeals Nos. 786/2015 and 787/2015, they intimated the Builder vide mail / letter dtd. 20/5/2015 as follows:

(3.) They further alleged that on 30/5/2015, they intimated the Builder of the final payment being made by them as per the calculations in their letter dtd. 20/5/2015 and accordingly tendered a cheque of 4100 US$ and a photocopy of the cheque dtd. 6/1/2015 has been appended with the same. The letter / mail dtd. 30/5/2015 and the Xerox copy of the cheque are extracted hereinunder: