MANOHAR SINGH Vs. SANDEEP COOP GROUP HOUSING SOCIETY

JUDGEMENT

(1.) THE plaintiff has filed the present suit for declaration declaring that the compensation levied by defendant No.2 vide his letter dated 12.01.2000 is illegal and a decree of permanent injunction permanently restraining the defendants from recovering the amount of Rs.3306440/- from the plaintiff.

(2.) IN nutshell, the facts of the case are that the plaintiff is a partnership firm and defendant No.1 is a co-operative society and defendant No.2 is the architect of defendant No.1 society who takes care of execution of construction work.

(3.) AS per the averments made in the plaint, vide his letter dated 24.09.1991 the Architect informed the plaintiff, that he has changed the layout plan by changing the depth and width of the foundation of Blocks A to E and the work was hindered on this account. Vide letters dated 24.09.1991, 30.09.1991 and 14.10.1991 the plaintiff again called upon the defendants to make the materials available on time.