S KOSAL KUMAR Vs. KANAKAMBUJAM

JUDGEMENT

(1.) This appeal is directed against the order dated 30.12.1996 in O. P. No.163/95 on the file of the District Consumer Disputes Redressal Forum, Chengalpattu. The appellant is the opposite party while the respondent is the complainant.

(2.) Necessary and requisite facts as are absolutely essential may in brevity be related in order to understand the crux of the issue arising for consideration in this action.

(3.) One Tmt. Kanakambujam (complainant) was desirous of constructing a house of her own at Plot No.128, Rajendra Prasad Road, Parvathy Nagar, Old Perungalathur, Saidapet Taluk, Chengalpattu District. She, as a matter of fact, for constructing the house approached the builder one Kosal Kumar, proprietor, Sri Jothi Constructions, Rajendra Prasad Road, Parvathi Nagar, Old Perungalathur, Saidapet Taluk, Chengalpattu District (opposite party ). The opposite party was amenable to construct a house for the complainant in the said plot. Consequently, an agreement for construction came into existence between the parties on 4.6.1994. Various details relating to the construction of the said house were arrived at and those details figured as terms and conditions in the agreement for the completion of the construction of the house. The cost of construction was agreed at Rs.2,70,000/-. The agreement also contain terms regarding the payment of the amount of cost of construction by the complainant to the opposite party. The construction was to be finished and possession to be handed over to the complainant on or before 3.10.1994. A clause was also provided in the agreement that if any change in the construction is undertaken, the extra or additional cost involved therein must have to be borne by the complainant.