Date of Complaint filed:04.06.2019 Date of Disposal:05.04.2024 IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MADURAI Present: -THIRU.S. KARUPPIAH, PRESIDING JUDICIAL MEMBER C.C.No.23/2019 FRIDAY, THE 05^thDAY OF APRIL 2024.

V.James, Son of J.Vedamony, No.4/321, Sivanthipuram, Vikramasingapuram P.O., AmbasamudramTaluk, Tirunelveli District-627 425.

……Complainant.

-Vs-

P. Nagarajan, Son of P.PitchamaniNadar, 62/2, Ayyanarkulam South Street, Vikramasingapuram P.O., AmbasamudramTaluk, Tirunelveli District-627 425.

…..Opposite party.

Counsel for Complainant : M/s.K.S.Vamsidhar, Advocate.

Counsel for Opposite party : M/s.M.Vijayan, Advocate.

This complaint came before me for final hearing on 20.02.2024 and upon perusing the material records this Commission made the following:-

ORDER

THIRU.S.KARUPPIAH,PRESIDING JUDICIAL MEMBER.

(Dictated in open court)

1. The Facts:

The complainant entered into an oral agreement with the opposite party to construct a house in the complainant’s property. The opposite party had agreed to construct a carpet area of 1200 Sq.ft on the ground floor at a cost of Rs.1425/- per square feet and 1000 Sq.ft on the first floor at a cost of Rs.1225/- per square feet. The complainant paid total amount of Rs.18,16,000/-on various dates. There was some disputes arouse between them, and in the second week of May 2018, the opposite party left the construction half-way. The complainant with the help of Star Builder Engineer assessed the work to be performed in the building and as per the detailed estimation, the value of the work to be done is Rs.14,50,000/- From this it is evidenced that the opposite party received Rs.3,16,000/ in excess than the actual constructed portion. But the opposite party preferred a complaint before the police as if he has spent his own money excess than he received for construction of the building. The above matter was enquired and subsequently closed by the police. The opposite party is liable to return Rs.3,16,000/- amount received in excess and also liable to pay the future construction cost of Rs.14,50,000/- along with compensation of Rs.10,00,000.

2. The opposite party in the written version admitted that there was a building agreement on 18.07.2017 and the cost per square feet fixed as Rs.1425/-and the complainant paid only Rs.18,16,000/-. But the opposite party spent more than the amount received from the complainant. The complainant failed to pay subsequent payment as agreed. As such the opposite party himself built the construction and the building was in his possession. Further he sent a notice to the complainant and filed a civil suit before the Ambasamudram Sub-Court for realization of his amount Rs.8,29,612/-. Hence he prayed to dismiss the complaint.

3. Both sides filed proof affidavits, marked Ex.A1 to A7 and B1 to B4.

4. It is the case of the complainant that there was an oral agreement to construct a building and the agreed rate is 1200Sq.ft.@ Rs.1425 for ground floor and 1000 Sq.Ft @ Rs.1225 for first floor. The opposite party contended that the agreed rate is only Rs.1425/- irrespective of ground floor and first floor and he has further stated that there was a written agreement between them and the written agreement was with the complainant. It is the agreed case of both sides that only Rs.18,16,000/- was paid by the complainant to the opposite party. As alleged by the complainant, there were disputes arouse between them and the building work was stopped. On the other hand the opposite party alleged that he continued construction by spending his own money, has completed the building and the building was in his possession. And it is his further case that the complainant alone liable to pay Rs.8,29,612/-to him, for which he preferred a Civil Suit before the Sub-court.

5. At this Juncture Now, the Point for consideration is:

1. Whether the opposite party committed deficiency in service?.

6. Discussion on the Point:

As per the complainant’s case there was o