M.THANIKACHALAM J. - (1.) The complainant is the appellant.
(2.) The complainant/ appellant, had purchased a house, in the first floor of Rukmani Apartments, Annai Sathya Nagar, Erode for Rs.4,55,000/- from the opposite party, as per the agreement dt.15.7.1998. The opposite party had agreed to finish the construction work and hand over possession of the building, on or before August 2002. On the basis of the above said agreement, the complainant had paid entire sale price of Rs.4,55,000/- in time, but the opposite parties have not finished the work, and handed over possession of the same, as agreed, thereby caused deficiency in service, as well as monetary loss to the complainant, since he had borrowed loan from LIC, assigning the insurance policy. Because of the deficiency committed, the complainant is entitled to not only a sum of RS.1 lakh as compensation, but also entitled to refund of the amount paid viz. Rs.4,55,000/-, and interest. Thus the consumer complaint was filed before the District Forum.
(3.) The opposite parties, admitting the agreement between themselves and the complainant, as well as the price fixed for the building, resisted the case, interalia contending that the complainant has to pay a balance of Rs.27,500/- to the opposite parties, and because of the non-payment of the said amount, construction was not completed and handed over, which cannot be termed as deficiency in service, thereby prayed for the dismissal of the complaint, disputing other averments also.;