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M.V.VISWANATHAN, VALSALA SARANGADHARAN, M.K.ABDULLA SONA
MOHAMMED IQBAL – Appellant
Versus
ABDUL REHMAN – Respondent


Advocates Appeared:
Mr. S. Raghukumar, Advocate, for the Appellant; Mr. K.G. Mohandas Pai, Advocate, for the Respondent

ORDER

M.V. Viswanathan, Judicial Member - Complaint filed under Section 17 of the Consumer Protection Act, 1986.

2. The case of the complainant is as follows:

On 22.3.1997, the complainant approached the 1st opposite party, Abdul Rehman for the purpose of constructing a commercial building and thereby the complainant availed the service of the 1st opposite party for construction of a commercial building. An agreement for construction of the building was entered into between the complainant and the 1st opposite party on 22.3.1997. As per the terms of the said agreement, construction of the building was to be completed within a period of 12 months. Time was an essence of the said agreement. The plinth area of the said building was 12185 sq.ft. and that the 1st opposite party agreed to construct the said building at the rate of Rs. 287 per sq.ft. An advance amount of Rs. 5 lakh was paid to the 1st opposite party on 22.3.1997 and the balance amount was to be paid in instalments as the work progresses. The 1st opposite party did not complete construction of the building as agreed. Construction of the building could not be completed due to the negligence and deficiency of service on the par

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