M.THANIKACHALAM, J. - (1.) The opposite party having suffered an adverse order, according to him, in the hands of the District Forum, dated 20.08.2008, has come before this Commission for redressal.
(2.) Brief facts:- The respondent/complainant entrusted the construction work of first floor to the opposite party, who agreed to construct an are of 1735 sq.ft. at the rate of Rs.500/- per sq.ft., totaling a sum of Rs.8,67,500/-. After discussion, he had also agreed to put up extension in the ground floor, as well as in the second floor, totaling an area of 1896 sq.ft. As agreed, within the period stipulated, the opposite party failed to construct and hand over possession and still there are some rectification and minor jobs kept in abeyance.
(3.) The opposite party even before the completion of the entire work, had received a total sum of Rs.9,99,000/- for the area 1896 sq.ft. apart from, a sum of Rs.16,000/- for the construction of over head tank, in addition, a further sum of Rs.35,000/-. The opposite party has not put up the wall, as per the thickness agreed, failed to complete the works as detailed in terms of construction agreement, thereby committed negligent act, deficiency in service, compelling the complainant, to rectify the mistake, omission committed by the opposite party, for which, he had incurred an expenses of Rs.1,89,251/-, which should be directed to be paid by the opposite party, in addition to, sum of Rs.1 lakh as compensation for mental agony.;