R. KALYANAKRISHNAN Vs. RAMASAMY

JUDGEMENT

(1.) The complainant is the appellant.

(2.) The complainant filed a complaint against the opposite party claiming for refund of the amount paid towards the unfinished construction of house for Rs.1,20,000/- and Rs.40,000/- as compensation for mental agony and Rs.5,000/- for costs.

(3.) The brief details of the complaint are as follows :- The complainant entered in to an agreement with the opposite party for construction of the house on payment of Rs.4,00,000/- by the complainant and to complete the construction within 6 months from the date of agreement to the extent of 1000 sq. ft. RCC building in the first floor. The complainant paid at the rate of Rs.50,000/- each and various dates in all Rs.2,00,000/- in toto for which the opposite party has completed work only to the extent of Rs.80,000/- and left the work on 14.6.05 incomplete and never turned up. The complainant provided water electricity motor facilities and 103 bags of cement two loads of mud and 4 loads of bricks. The opposite party had taken half load of sand and absconded. The complainant also entrusted the approved plan along with property tax receipts is the possession of the opposite party. Since the opposite party not turned up for completing the work on 5.9.2005 a legal notice was issued demanding the balance amount of Rs.1,20,000/- for which the opposite party gave a reply on 6.9.2005 demanding more money about Rs.78,000/- said to be the excess amount spent for the construction work by the opposite party. Hence the complainant has come forward with this appeal.