The Ernakulam District Consumer Disputes Redressal Commission awarded a compensation of ₹23.12 lakh to the owner of the now demolished apartment complex, H2O Holy Faith, for deficiency of service, unfair trade practices, failure to deliver services, and causing mental distress, agony, and hardship to the purchaser.
The three-member forum headed by D.B. Binu, which has V. Ramachandran and T.N. Sreevidhia as its members, awarded compensation to K.K. Nair and his wife Geetha Nair on Wednesday.
The Commission issued an ex parte order as the builder did not appear before the panel to present his arguments. The non-appearance of the builder and his failure to contest the complainants’ claims suggested that he acknowledged deficiency in service and unfair trade practices. A tripartite agreement involving the builder and the complainants had explicitly stated that the builder shall indemnify the purchaser in the event of any wrongdoing associated with the construction of the apartment, the forum pointed out.
The forum found that the complainants had successfully established that they were consumers as defined under the Consumer Protection Act, 2019 and suffered from a deficiency in service and unfair trade practices of the builder. The builder’s conscious failure to file a written version despite receiving the Commission’s notice amounted to admission of allegations levelled against him and thus, the case of the complainants stood unchallenged. The panel had no reason to disbelieve the words of the complainants, the order said.
