A.K.ANNAMALAI, J. - (1.) The opposite party is the appellant.
(2.) Complainant filed a complaint against the opposite party regarding the deficiency in service relating to the construction made by the opposite party on the basis of agreement for not handing over the building within the stipulated time and left the work unfinished after receipt of substantial money and thereby praying for direction to complete the unfinished work, to pay Rs.75,000/- as compensation for mental agony and Rs.21,000/- being the loss of rent and Rs.3,500/- as costs.
(3.) The opposite party denied the allegations of the complainant in the written version and stated that the complainant is not a consumer constructed the building for the purpose of rental income and the alleged incompletion of work was not correct . The complainant delayed the payment and the opposite party spent his money for completion of the work and the materials left by the opposite party are taken over by the complainant and used for his additional construction to the value of Rs.32,800/- and retained the equipments of the opposite party and thereby there was no deficiency of service on the part of the opposite party.;