M. THANIKACHALAM J. - (1.) The opposite party is the appellant.
(2.) The respondent in this appeal, as complainant, filed a case, for the recovery of a sum of Rs.49,350/- being the value of, completing the unfinished work done by the complainant and for Rs.50,000/- for sub-standard and poor construction work done by the opposite party, as well for a sum of Rs.1 lakh towards damage for mental agony on the following grounds.
(3.) At the request of the complainant, the opposite party constructed his first floor house building, measuring 1200 sq.ft. at the rate of Rs.300/- per sq.ft., for which, totally a sum of Rs.4,47,000/- was paid to the opposite party. As agreed, the opposite party failed to construct the building, using good materials as well failed to complete the construction within six months, from the date of commencement of the work, thereby, causing deficiency in service, resulting mental agony to the complainant also. Abruptly on 1.3.2004, the opposite party stopped the work and for the unfinished work, estimate was prepared before the Panchayatdars, estimating at Rs.46,020/-. Despite request, the opposite party has not commenced and completed the unfinished work, whereas, demanding more money, threatened the complainant and his family members, for which, a criminal complaint has been given, against the opposite party. The complainant spending a sum of Rs.49,350/- completed the work, which ought to have been completed by the opposite party, as per the agreement. Issuance of notice, claiming recovery, failed to recover the amount, whereas, elicited only false reply, thereby, compelling the complainant to move the Consumer Forum, being a consumer.;