(1.) The first opposite party in O. P. No.131/2000 on the file of the District Forum, Salem is the appellant herein.
(2.) The complaint by the first respondent herein was to the following effect: he had entered into an arrangement with the first opposite party for the construction of a church and a house on 31.3.1999. He had paid a total sum of Rs.3,16,650 at regular intervals. The appellant did not stick to the terms of the arrangement. The construction was not done as per the norms or contents of the agreement between the parties. The building had cracked in the roof and other places as the proportion of cement in the sand was not at the agreed rate. When the complainant questioned the first opposite party, he left the building in an unfinished state demanding a sum of Rs.34,000 as if he had finished the work. The unfinished works were as follows: (1) patching of the cracked roof and building walls; (2) fixing two doors with painting; (3) mosaic polishing for a hall and two rooms; and (4) slap covers for the water tanks.
(3.) The complainant also took a stand that the opposite party Nos.2 and 3/respondent Nos.2 and 3 herein were also liable for the loss caused to the complainant as they received commission from the first opposite party/appellant. After the first opposite party abandoned the works, the complainant spent Rs.25,000 towards unfinished construction. In such circumstances, the complaint came to be filed for payment of Rs.25,000 for the unfinished work, Rs.10,000 towards compensation for mental agony and physical pain and costs.