JAYARAM J. - (1.) This appeal is filed by the appellant/opposite party against the order of the District Consumer Forum, Chennai (North) in C.C.76/2005.
(2.) The case of the complainant is as follows: The opposite party is a building contractor. He agreed to construct a house building for the complainant at the rate of Rs.400/- per sq.ft for the total plinth area of 1594 Sq.ft. However at the insistence of the opposite party, the complainant paid him a total sum of Rs.8,84,954/-. Though the work was commenced in the first week of December, 2003 and despite the promise by the opposite party to complete the work within six months from the date of commencement, major portion of the construction work remained to be completed even by July, 2004. The opposite party listed out the unfinished work and gave an undertaking on 10.7.2004 to complete the work on or before 10.8.2004, for which he gave an estimate of Rs.1,53,000/- plus Rs.53,000/-, in pursuance of which the complainant paid a further sum of Rs.1,98,000/- and even then the work was not completed and the opposite party demanded a further sum of Rs.35,000/- which the complainant agreed to pay as per an agreement dt.1.9.2004. The complainant sent a letter dt.27.9.2004 informing the opposite party that because of the delay in completion of work, he was constrained to complete the work by engaging his own labourers at an estimated cost of Rs.2,10,000/- and calling upon the opposite party to compensate him for the loss sustained due to the negligence and the deficiency in service on the part of the opposite party. The complainant has prayed for a direction from the District Forum to the opposite party to pay a sum of Rs.3,00,435.80 towards the costs incurred by the complainant to complete the unfinished work and a further sum of Rs.1,00,000/- by way of compensation for mental agony.
(3.) The written version filed by the opposite party is as follows: The opposite party agreed to construct the house for Rs.650/- per sq.ft, the plinth area being 1504 sq.ft. and not for Rs.400/- per sq.ft as stated by the complainant. The entire construction was completed in seven months and the complainant paid to him only a sum of Rs.8,50,000/- inclusive of the extra work and not Rs.8,84,954/- as stated by the complainant. After completion of the work, the complainant requested the opposite party to do some additional work at the cost of Rs.2,06,000/- (Rs.1,53,000/- + Rs.53,000/-). The opposite party has incurred expenses to the tune of Rs.11,54,920/-, whereas the complainant has paid only Rs.8,50,000/- so far and a balance of Rs.2,94,920/- remains to be paid by the complainant.;