AI Structured Summary
Not yet generated for this judgment
Judgment
THIS is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.
THE complainant has entered into an agreement with the opposite party for the construction of a residential house in his land in Plot No. 151 (b), Lakshmi Nagar, Madipakkam, Madras. As per the estimate given by the opposite party, the total cost of construction is Rs. 2,44,800/ -. The complainant claims to have paid the full amount and an additional sum of Rs. 51,200/ - towards the cost of fixing of tiles, electrical and other allied works. The opposite party has failed to complete the construction. The complainant has taken possession in an incomplete stage. The complainant claims that the value of the work to be completed comes to Rs. 91,856/ -. He also claims the excess payment of Rs. 51,200/ -. A sum of Rs. 3,10,000/ - is claimed towards mental agony. A sum of Rs. 58,140/ - is claimed towards escalation in price and a sum of Rs. 30,000/ - as additional borrowings, in all totalling Rs. 5,41,200/ -. Notice was sent by Registered Post, but, was returned. Notice was thereafter sent by Certificate of Posting. But, he has chosen to remained absent and is set ex -parte .
THE complainant has filed his proof affidavit.
EXS . A1 to A9 are marked. The proof affidavit of the complainant proves that the complainant has engaged the services of the opposite party for the construction of house in his land at a total cost of Rs. 2,44,800/ -. The complainant has paid the entire amount. He has also paid an additional sum of Rs. 51,200/ -. But, the opposite party has failed to complete the construction and the complainant was forced to take possession in an incomplete form. The complainant has estimated the value of the work to be done at Rs. 91,856/ - and it is acceptable. His claim for refund of the excess amount of Rs. 51,200/ - is also sustainable. Towards escalation in price, we are inclined to grant Rs. 25,000/ -. For mental pain and agony, a sum of Rs. 1,00,000/ - is awarded. The other claims are disallowed.
IN the result, we direct the opposite party to pay the complainant Rs. 2,68,056/ - with interest thereon at 18% from the date of complaint till payment. The opposite party shall also pay costs of Rs. 2,000/ - to the complainant. Complaint allowed.