Kochi Flat Demolished On Supreme Court Orders, Builder Asked To Pay Rs 22 Lakh

The complainants were a retired Naval officer and his wife.


A district consumer forum here has directed a private company to pay over Rs 20 lakh to a couple to whom it had sold a flat in Maradu here, which was later demolished on the orders of the Supreme Court.

The Ernakulam District Consumer Disputes Redressal Commission directed Holy Faith Builders and Developers to refund over Rs 17 lakh to the couple as balance consideration of the flat and also Rs 5 lakh as compensation for the deficient service and unfair trade practice on the part of the realty firm.

The Commission also directed the firm to pay Rs 25,000 to the complainant couple towards the cost of litigation.

The Commission said that the Supreme Court had found that the apartment complex constructed by the builder was in violation of the law.

“This unequivocally establishes that the first opposite party’s (builder) actions amount to a deficiency in service and unfair trade practices,” it held.

The consumer forum further held that the firm “inadequately performed the service as contracted with the complainants and hence, there is a deficiency in service, negligence, and failure on the part of the first opposite party (builder) in failing to provide the complainants the desired service which in turn has caused mental agony and hardship, and financial loss, to the complainants”.

The complainants, a retired Naval officer and his wife, had bought a flat from the firm by availing a loan and claimed that they were given false assurances by the builder regarding the legality and approvals for the apartment complex constructed by it.

The Supreme Court had in 2019 directed the Kerala government to demolish the apartment complexes in Maradu that were built in violation of the coastal zone regulations.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)


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