Document Fragment View
Fragment Information
Showing contexts for: incomplete construction work in Mrs.T.Arumugavalli, Rep By ... vs Muthukumaran, C. on 5 November, 2015Matching Fragments
The case of the complainant is that he is the owner of a plot in Medavakkam admeasuring 1500 sq ft. He approached the opposite party by name Sakthi Realities to develop residential flats for sale, under an agreement dated 26-02-2012 and registered on 29-06-2012 in the ratio of 40 - 60 % share basis in the 'A' Schedule property belonging to the complainant, within a period of 9 months. The opposite party paid an advance of Rs.2 Lac to the complainant and started construction work, but the construction work was delayed by 6 months due to funds crunch, and also flat nominee was not available for his 60% share, and the opposite party stopped further work. The complainant had to spend his money to complete the project. This amounts to deficiency in service on the part of the opposite party, and hence the complaint praying for direction to the opposite party to pay a sum of Rs.21,000/- towards expenses incurred for EB; and a sum of Rs.2,91,600/- towards 20 % of incomplete construction work; and to pay 6 months rental at Rs.6,000/- per month till the end of litigation; and to pay a sum of Rs.4,93,600/- towards valuation of the area; and to pay compensation of Rs.25 Lac for mental agony and suffering; and to pay costs of Rs.2,50,000/-, and in total Rs.35,56,200/-.
8. Point No.3: The complainant has claimed a sum of Rs.21,000/- towards expenses incurred for EB; and a sum of Rs.2,91,600/- towards 20 % of incomplete construction work; and to pay 6 months rental at Rs.6,000/- per month till the end of litigation; and to pay a sum of Rs.4,93,600/- towards valuation of the area; and to pay compensation of Rs.25 Lac; and to pay costs of Rs.2,50,000/- and in total Rs.35,56,200/-.
9. The complainant has claimed Rs.25 Lac as compensation for mental agony and we feel that the amount claimed is exorbitant and extremely on the higher side, and we feel that a sum of Rs.50,000/- would be the reasonable compensation for mental agony; and suffering, and the complainant has claimed Rs.2,50,000/- towards costs which is extremely on the higher side, and we are inclined to grant Rs10,000/- towards costs.
10. On considering the entire materials on record and the relevant factors, we hold that the complainant is entitled to a sum of Rs.21,000/- towards expenses incurred for EB; and a sum of Rs.2,91,600/- towards the incomplete construction work; and rental at Rs.6,000/- per month after 9 months from the date of agreement till the end of final settlement; and a sum of Rs.4,93,600/- towards valuation of the area; and compensation of Rs.50,000/-for mental agony and suffering; and costs of Rs.10,000/-, and the point is answered accordingly.
11. In the result, the complaint is partly allowed directing the opposite party to pay a sum of Rs.21,000/- (Rupees Twenty One Thousand only) towards expenses incurred for E.B.; and a sum of Rs.2,91,600/- (Rupees Two Lakh, Ninety One Thousand and Six Hundred only) towards incomplete construction work yet to be done; and to pay a sum of Rs.6,000/- per month towards rental commencing from 26-11-2012 the day of completion of 9 months after the date of agreement i.e. 26-02-2012 as in Ex.A1, till final settlement; and a sum of Rs.4,93,600/- (Rupees Four Lakh, Ninety Three Thousand, and Six Hundred only) towards valuation of the area; and a sum of Rs.50,000/- (Rupees Fifty Thousand only) as compensation for mental agony and suffering; and a sum of Rs.10,000/- (Rupees Ten Thousand only) towards costs.