M.THANIKACHALAM, J. - (1.) The unsuccessful complainant, is the appellant.
(2.) The complainant/ appellant, having decided to construct a house at Pollachi, entrusted the construction work to the 2nd opposite party- builder, as per the advise given by the 1st opposite party, who is a close relative. The 1st opposite party offered to construct the desired house, in accordance with the plan, for which an agreement was entered between the complainant and the 2nd opposite party. Though the estimated cost was Rs.6,40,000/-, the complainant paid a huge sum of RS.11,50,000/-, but the opposite parties have failed and neglected to complete the construction, and handover the possession as agreed, thereby they have committed, not only negligent act, but also deficiency in service, causing mental agony. Hence the complainant is entitled to claim the excess amount, damage for poor quality of materials used. Thus alleging, claiming a sum of Rs.1 lakh as compensation, a consumer complaint came to be filed for delivery of possession, at the earliest date, without anyother prayer.
(3.) The 1st opposite party, questioning the alleged agreement between himself and the complainant, further contending that he is an unnecessary party to the proceedings, resisted the case, further pleading that he neither agreed to supervise the construction, nor agreed to construct the building, alongwith 2nd opposite party, thereby prayed for the dismissal of the complaint.;