A.K.ANNAMALAI, J. - (1.) The opposite party is the appellant.
(2.) Complainant entrusted the construction work of the building for his house to the opposite party on agreed payment of Rs.4,00,000/- in which a sum of Rs.1,15,000/- was paid as an advance and the remaining amount of Rs.2,85,000/- to be paid before the completion of house and as per the agreement after receiving the money, the building was handed over to the complainant on 30.7.2001. After getting possession on 24.8.2001 and within 3 months the complainant came to know that there are certain defects in the building due to the substandard materials used by the opposite party in construction cracks in the ceilings, walls, wall joint, flooring dislodgement of the staircase steps from the wall, leakage of the rain water etc., and other extensive damages developed and when the opposite party contacted, he has not responded for the same and as such the complainant in order to save the building spent Rs.35,272/- for immediate repairs, even though Rs.2,00,000/- was essential to carry out the entire defects and thereafter a legal notice was sent on 6.6.2003 and after that filed this consumer complaint claiming Rs.3,00,000/- as compensation for mental agony and Rs.5,000/- as costs, Rs.2,00,000/- towards repair charges for the defects in all Rs.5,35,772/- restricted to Rs.5,00,000/-.
(3.) The opposite party denied the allegations of the complainant and contended that no construction agreement was entered in to between them. Complainant purchased only a ready built complete house from him and the complaint is barred by limitation and there was no damages as alleged by the complainant and there was no deficiency of service on their part.;