A JAGANNADHAN Vs. S MURALIDHARAN

JUDGEMENT

(1.) AGGRIEVED and dissatisfied by the order of the State Consumer Disputes Redressal Commission, Chennai, in O.P. No. 220 of 1998, Mr. A. Jagannadhan, Proprietor of A.J. Builders has filed this appeal.

(2.) THE complainants purchased an undivided share of land to an extent of 655 sq. ft. and entered into a Builder's Agreement with the opposite party for construction of a flat measuring 655 sq. ft. The value of the land was Rs. 2,50,350 whereas the cost of construction was Rs. 6,95,500 to be paid in instalments. The builder had agreed to complete the flat within 8 months measuring 910 sq. ft. including balcony and common area. The agreement is exhaustive. It is the case of the complainants that the opposite 9 party did not carry out the work as per the agreed specifications between the parties, which are as under:

(3.) THE flat was completed on 15.2.1998 well before the stipulated time in the agreement. The complainants were never regular in payment. They paid a sum of Rs.1,50,000 only on 31.10.1997 and the Sale Deed was executed on 4.12.1997. They have provided additional bore well as the original bore well did not yield adequate water. The Municipality has not provided sewerage connection at Velachery. Hence, this facility could not be provided. They have denied the other allegations made in the complaint. They also stated that additional work has been carried out. Submissions of the learned Counsel for the appellant: