M.THANIKACHALAM J. - (1.) The complainant unable to satisfy the District Forum, regarding the alleged deficiency, failed and the result is this appeal, challenging the order of the District Forum dated 30.03.2009 in C.C.280/2005 on the file of District Consumer Disputes Redressal Forum, Chennai [South].
(2.) Brief facts regarding the case of the complainant/appellant:- The complainant and the opposite party entered into an agreement on 18.03.2002, under which, the opposite party had agreed to build a building at the rate of Rs.490/- per sq.ft. as per the specification in the Written Agreement. Based upon the agreement, as on 08.03.2003, the complainant had paid a sum of Rs.24 lakhs, which is more than the value of construction put up by the opposite party, thereby he received excess of Rs.2,68,450/-, but the opposite party failed to complete the work, demanding further payment, for which, notice was issued, resulting a complaint to the police station also, to evict the opposite party and his men from the premises.
(3.) The opposite party thereafter filed C.S.399/2003 before High Court of Judicature, Madras, wherein, on application, a Commissioner was appointed and upon further application, the complainant was permitted to complete the building after the Commissioner?s Report. The work done by the opposite party was not as per the agreement and in fact, he had used sub-standard materials for door, windows and workmanship also very low, it should be construed a total deficiency of service.;