D PARAMESWARAN Vs. C R PARTHASARATHY

JUDGEMENT

(1.) This is a complaint under Sec.17 read with Sec.12 of the Consumer Protection Act.

(2.) The opposite party is carrying on business in Real Estate and is a builder. The complainant entered into an agreement with the opposite party for the construction of a flat in Plot No.579, Alagiri-swamy Road, K. K. Nagar, Madras. He has Purchased through the opposite party l/4th undivided share in the site by the registered deed dated 30-7-81. A separate agreement has been entered into between the complainant and the opposite party for the construction of a flat for a sum of Rs.75,000/-. The complainant has been paid the sum of Rs.75,000/- on various dates. He has also paid Rs.34,000/- over and above the original agreed amount of Rs.75,000/-. But the opposite party failed to complete the construction and hand over possession of the flat. The complainant issued a legal notice on 21-7-88 to which the opposite party has not sent any reply. Hence this complaint for possession of the flat and refund of the excess amount received from the complainant together with interest and compensation. The Learned Counsel for the complainant has now made an endorsement that the flat is in a skeleton stage and has therefore prayed for refund of the amount paid by him with interest and compensation.

(3.) The opposite party admitted the agreement. He did not also deny that the complainant had paid Rs.1,09,000/-for the construction of the house. But he claimed with the cost escalated and the total come to Rs.1,19,677-50 and the complainant did not pay the excess amount of Rs.10,677.50. Accordingly the opposite party the price of the cement went up extraordinarily and hence he could not complete the construction and the cost escalated.