Thiru J.Jayaram, Member (J) - (1.) THIS appeal is filed by the opposite party against the order of the District Consumer Disputes Redressal Forum, Coimbatore in C.C. 215/2008, dated 13.6.2009, allowing the complaint. The case of the complainant is that he entered into an agreement with the opposite party for construction of a house for Rs. 11,31,850 on 29.3.2005, and the entire amount was paid by the complainant to the opposite party on various dates, and as per the agreement, the construction ought to be completed on or before May, 2006, but the opposite party did not complete the work in time. The opposite party demanded an additional amount of Rs. 1,21,618 for the completion of the entire work, and this amount was also paid by the complainant to the opposite party on different dates; but the opposite party did not complete the work even after receiving additional amount, and the building is totally unfit for human occupation, and the opposite party abandoned further work, and all these amount to deficiency in service on the part of the opposite party. Hence the complaint praying for direction to the opposite party to repay the amount of Rs. 1,50,000 received from the complainant and to pay compensation of Rs. 3,50,000 and to pay costs.
(2.) ACCORDING to the opposite party, he did not receive any additional amount from the complainant, and there was some delay in completing the construction because the complainant did not make payment on the stipulated dates and also because the complainant wanted to make extra constructions and that only good quality materials were used for the construction, and there is no deficiency in service on his part. The District Forum considered the rival contentions and allowed the complaint in part directing the opposite party to pay a sum of Rs. 1,46,000 estimated for completing the remaining construction work and a sum of Rs. 20,000 as compensation for mental agony. Aggrieved by the impugned order, the opposite party has preferred this appeal.
(3.) THE contention of the appellant/opposite party would be that the District Forum erred in relying on the valuation reports Exs. A10 and All and in basing the finding on the above reports in arriving at the value of the incomplete work which is yet to be carried out. We find nothing wrong in the District Forum's order accepting Exs. A10 and All and determining the value of the incomplete work as Rs. 1,46,000. Exs. A10 and All are detailed reports issued by Global Associates - Engineers and Valuers. On perusal of the reports in entirety, we do not find any reason to disregard them.;