J.S. CHAUDHARY Vs. VICE-CHAIRMAN, DDA

JUDGEMENT

(1.) The plaintiff claims a money decree, based on the sum of 81,54,667/-towards various heads, on account of amounts due from the Defendant (hereafter called "DDA") in a works contract; additionally, the plaintiff claims interest, at a quantified rate, as well as pendent lite and future interest. The claim is premised on the performance of a works contract, entered into by the parties, for construction of 448 flats at Jhilmil Colony.

(2.) The facts, to the extent they are uncontroverted, are that the plaintiff, who describes himself as sole proprietor of a firm, successfully bid, and was awarded the contract, by the DDA. The bid was accepted on 09.9.1991; the written contract (Ex-PW-1/2) was entered into on 16.09.1991. The time for performance, agreed upon by the parties, was 15 months, from the date of signing the agreement. It was however, extended. The plaintiff says that this was due to various defaults by DDA; the latter however denies that position. Eventually, the construction th was completed on 12.12.1994. The completion certificate was issued on 6July, 1995. The plaintiff relies on a document (Ex.PW-1/3) issued on 12.12.1994, evidencing the date of completion of construction.

(3.) The plaintiff contends that in terms of the Agreement, Ex. PW-1/2, the Final Bill had to be settled by DDA, within six months of completion. The suit claims the sum of 81,54,667/50 from the DDA towards various heads, which are described briefly hereafter. Claim (i) pertains to balance of final bill amount, i.e. 5,23,195/-. According to the plaintiff, the final bill was payable within six months from completion, i.e. 11.6.1995; DDA is alleged to have failed to pay this. The bill was submitted on 16.06.1996. The plaintiff admits to some part payment on 11.09.1996, after which it submitted a fresh bill on 10.09.1997. The sum of 5,23,195/-is claimed on this score.