Date of filing: 18.12.2023 IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI BEFORE Hon’ble Thiru Justice R. SUBBIAH PRESIDENT CC.NO.4/2024 DATED THIS THE 28th DAY OF MARCH 2025 P. Raman S/o. V. Pandi No.16/1, Ponmani Nagar Opposite Ashwin Kalyanamandapam Kangeyampalayam Village Sulur, Coimbatore- 641 402 ....Complainants Vs

1. KS Constructions Rep. by its Proprietor Er.T.Sankar

130/180, Vivekananda Salai Narayana Valasu, Erode- 638 011

2. Er. T. Sankar S/o. Mr.Thangavel

130/180, Vivekananda Salai Narayana Valasu, Erode-638 011 ....Opposite parties Counsel for complainant : M/s A.R.Poorvaja Opposite parties set exparte This complaint coming before me for hearing finally on 4.2.2025 and on hearing the arguments of counsel appearing for complainant and upon perusing the material records this Commission made the following order:

ORDER

Justice R. SUBBIAH, PRESIDENT

1. This complaint has been filed under Sec.17 of the Consumer Protection Act, 1986, as against the opposite parties for the following reliefs:

a. To refund the sum of Rs.24,82,475/- paid by the complainant in excess of the works carried out by the opposite parties and additional expenses incurred till

25.9.2022 b. To pay a sum of Rs.19,83,261/- towards the additional expenses incurred by the complainant subsequent to 25.9.2022 c. To pay a sum of Rs.160000/- towards housing rental charges borne by the complainant from September 2021 January 2023 d. To pay a sum of Rs.12,00,000/- as damages for the defective works and deficient services performed by the opposite parties and towards escalation/ difference in prices incurred towards purchase of materials and labour;

e. To pay a sum of Rs.7,00,000/- towards mental agony, travel expenditure, and other expenses suffered by the complainant f. To pay a sum of Rs.30,000/- towards the court fees and the cost of the legal proceedings

2. The case of the complainant in brief is as follows:

The complainant is a salaried employee, working as a Chief Manager at Indian Bank, Dharapuram Branch. He planned to undertake the construction of the house, for residing after his retirement. He purchased a plot at Sulur, measuring 2585 square feet located at No.43, Ponmani Nagar, Sulur, Coimbatore- 641 402. He managed to pay the advance for the said purchase with his savings, and in order to pay the balance consideration for the purchase of the subject plot, the complainant availed loans from the Indian Bank. Accordingly, the complainant availed a ‘Staff Housing Loan” amounting to Rs.47,00,000/- at Indian Bank, Palladam Branch, in order to undertake the construction of the house. Housing loan was availed against the rate of interest @8% to be repaid through monthly EMIs over a period of 300 months, and also provided the subject plot as security against the housing loan. Thereafter, the subject plot was purchased by the complainant vide sale deed dt.22.1.2018 vide Doc No.530/2018 registered at Sulur SRO. The complainant intended to take up the construction of house in that plot before 2021. The complainant was planning to hire a professional to undertake the construction work at the Subject Plot and complete it in a cost-effective and time bound manner. He came to know about the construction services offered by the opposite parties through an acquaintance. Thereafter, he approached the 2^nd opposite party on behalf of the 1^st opposite party, with the proposal to undertake the construction of the house. After multiple discussions with the 2^nd opposite party, he entered into a construction agreement dt.27.1.2020 with the 1^st opposite party, regarding the details of the works to be carried for the purpose of the construction and the consolidated charges for the purchase of materials, costs of labour and supervision etc. The Construction Agreement enunciated the scope of work and the cost for the work. The cost of construction with material and labour at Rs.41,59,000/- and cost of elevation with materials & labour with respect to attached elevation des