A.K.ANNAMALAI, J. - (1.) The opposite party is the appellant.
(2.) Complainant hired the services of opposite parties for construction of his house with specific understanding that the construction to be completed within 6 months from the date of agreement dated 21.11.2001 and with specifications of details relating to the construction as per the agreement for the entire agreed amount of Rs.4,50,000/-. Complainant had paid Rs.4,38,585/- for the construction of house apart from the amount spent by the complainant towards incomplete work including Rs.20,010/- for laying mosaic. The opposite party has not completed the work as agreed within time also failed to carry out the work as per the specification agreed upon unilaterally changed the same and thereby the complainant filed the consumer complaint claiming directions for loss of rent, for not of completing the work within the time limit Rs.1,00,000/- towards compensation for deficiency of service and Rs.1,00,000/- for other incomplete work and directing the opposite parties to complete the work and hand over the construction and for costs.
(3.) Opposite parties denied the allegations of the complainant except to admit the agreement and handing over of incomplete construction belatedly and contended that the complainant himself has not paid the entire amount within the period of agreement and he has paid only Rs.3,00,000/- as the first payment and the last payment was made only on 21.1.2003 and the opposite parties have spent Rs.3,15,700/- towards construction up to roof level as on 19.6.2002 for more than the money spent paid by the complainant and thereby spending their own money to complete the construction and the other allegations of incomplete work are denied and there was no deficiency of service and the claim of complainant under various categories are exaggerated cannot be payable and the complaint to be dismissed.;