(1.) J.S.Chaudhary carrying on construction business as the sole proprietor of M/s. J.S.Construction had filed a suit praying that a decree in sum of Rs. 1,24,99,474.30 (Rupees One Crore Twenty Four Lakhs Ninety Nine Thousand Four Hundred Seventy Four and Paisa Thirty only) be passed in his favour and against DDA. He pleaded that in response to a notice inviting tender published by DDA inviting offers to construct 448 MIG Flats at Pocket-C, Phase-II Jhilmil, in the name of his sole proprietary firm he had submitted an offer which was accepted on 09.09.1991 and pursuant thereto a written contract Ex.PW-1/2 was executed on 16.09.1991 at the rates specified item wise as per the tender documents. 15 months was the period prescribed for the execution of the works and the same had to reckon with effect from 16.09.1991. Alleging delay in execution of the works attributable to DDA, it was pleaded that the work was eventually completed by 12.12.1994 and certificate of completion was issued by DDA on 06.07.1995. The claim in sum of Rs. 1,24,99,474.30 was split into two parts. Part 1 was Rs. 81,54,667.50 (Rupees Eighty One Lakhs Fifty Four Thousand Six Hundred Sixty Seven and Paisa Fifty only) claimed as tabulated by us in the succeeding paragraph, and Part 2 was pre-suit interest in sum of Rs. 43,44,806.80 (Rupees Forty Three Lakhs Forty Four Thousand Eight Hundred Six and Paisa Eighty only). Thus, our focus has to be on the sum of Rs. 81,54,667.50.
(2.) The sum total of Part 1 of the claim was divided, as per the pleadings in the plaint, in various sub-heads as under:- <FRM>JUDGEMENT_506_LAWS(DLH)11_20111.html</FRM>
(3.) A word needs to be spoken here. We have twice totaled the aforesaid amounts and have reached the figure: Rs. 81,88,403.90 (Rupees Eighty One Lakhs Eighty Eight Thousand Four Hundred Three and Paisa Ninety only) and not Rs. 81,54,667.50, captioned as the amount allegedly payable as pleaded in the plaint, in para 6 where it is stated that the sum due and as claimed is Rs. 81,54,667.50; followed by the break-up of the various sub-heads constituting the claim.