Kerala Consumer Disputes Redressal Commission issues arrest warrants against builders
THIRUVANANTHAPURAM: The State Consumer Disputes Redressal Commission has issued arrest warrants against four promoters of Samson and Sons Builders. The promoters are John Jacob, Jacob Samson, Dhanya Mary Varghese and Samuel Jacob.
The warrants were issued after the accused failed to comply with the commission’s 2023 order to compensate a woman complainant for the non-delivery of an apartment. Despite being served the notice, the accused didn’t make the payment.
The commission bench comprising president Justice B Sudheendra Kumar, judicial member D Ajith Kumar and member Radhakrishnan K R issued the warrants. So far, the commission has disposed of 98 cases against Samson and Sons Builders.
The complainant, Mini Alex Varghese hailing from Pathanamthitta, had paid Rs 38 lakh for an apartment in a project by Samson and Sons Builders. The project named “Samson and Sons, Nova Castle Apartment Project” was proposed on a 45-cent property at TKD Road, Pattom.
As per the agreement, the woman was to be given a luxurious apartment with a built-up area of 1,700 sq ft on the fourth floor of the building. She was also offered 1.15 cents of undivided interest in the land on which the apartment complex was constructed.
The accused did not deliver on their promise to hand over the apartment by December 31, 2014. Moreover, they pledged the property to the Kerala Financial Corporation (KFC) and obtained a loan without informing the complainant or the other purchasers.
The accused claimed that there was no willful delay on their part in completing the construction. The delay was on account of labour issues, escalation of the price of construction materials due to the global recession, changes in building rules and statutes, etc., they argued before the commission. Other reasons cited were a lorry labour strike, the hike in the price of sand, the shortage of construction materials like sand, scarcity of stone, etc.
However, the commission ruled in favour of the petitioner. It directed the project promoters to repay the purchase price, Rs 38 lakh with 8 pc annual interest from December 31, 2014. They were also directed to pay Rs 7 lakh as compensation.