K.PALANI, PROPRIETOR Vs. A.MUNUSAMY

JUDGEMENT

(1.) The Respondent as complainant filed a complaint before the District Forum, Chennai(South), alleging deficiency against the opposite party to pay total Rs.7,44,828/- and to pay costs. The District Forum, allowed the complaint against the opposite party. Against the said order, this appeal is preferred by the opposite party, praying to set aside the order of the District Forum, Chennai(South), dated 11.06.08 in O.P.No.624/2006. This appeal coming before us for hearing finally on 26.04.2011, upon hearing the arguments of the counsel on both sides, and perused the documents, written submissions as well as the order of the District Forum, this Commission made the following order :- The opposite party is the appellant.

(2.) The complainant/respondent filed a complaint against the opposite party before the District Forum seeking for the reliefs of payments of amount incurred in the construction of building for rs.7,44,828/- and including Rs.2,00,000/- as compensation for mental agony, for Rs.7,44,828/-in all.

(3.) The brief details of the complainant case as per the complaint is as follows :- Complainant entrusted construction work of the building to an extent of 886 sq.ft at the rate of 450 per sq. ft. for the opposite party who agreed for the same to be delivered on 28.3.05, but even in September 2005 opposite party not completed the work. Complainant made payment and different dates for a sum of Rs.8,10,000/- up to 31.12.2005. Even after receiving the amount opposite party failed to complete the work and the complainant sustained loss of rental income. Complainant took possession of the incomplete house on 27.11.05 as it whereit condition performed house warming ceremony in an unfinished house. Complainant sent legal notice for which the opposite party sent a reply then the complainant failed this complaint seeking for remedies as stated above.