SAMUEL JACOB, DIRECTOR SAMSON Vs. ANIL DAVIDSON

JUDGEMENT

(1.) The complainants/respondents entered into a transaction with the appellants for purchase of a residential apartment which the appellants were to construct in Tharangini Jn, Karakulam. The sale consideration of the apartment was agreed at Rs.70 lakhs and the complainants made part payment of Rs.25,50,000/- to the petitioners. The parties also executed an agreement for sale and construction dated 18.07.2013, incorporating their respective obligations in respect of the said transaction. In terms of Clause 10 of the agreement, the construction was to be completed by 31.12.2016 unless it was delayed due to reasons beyond the control of the developer.

(2.) The case of the complainants is that the project was completely abandoned by the petitioners after constructing only block 1 and the construction of block 2 in which allotment was made to the complainants was not started. The complainants therefore approached the concerned State Commission by way of a consumer complaint seeking the following reliefs :

(3.) The appellants did not appear before the State Commission. The State Commission vide order dated 02.12.2016 directed refund of the amount paid by the complainants to the appellant's alongwith interest @ 12 % per annum from the date of each payment. Being aggrieved from the order passed by the State Commission, the appellants are before this Commission by way of FA No.1671/2019.