KAMAL CONSTRUCTION CO. Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) SUIT filed by the appellant praying for a decree in sum of Rs. 26,90,524/ - (Rs. 18,77,886/ - as the amount due under the contract plus interest in sum of Rs. 8,22,658/ -) has been dismissed by the learned Single Judge vide impugned judgment and decree dated September 20, 2012.

(2.) THE break -up of the sum of Rs. 18,77,886/ - has been noted by the learned Single Judge as consisting of five components as under: -

(3.) DELHI Development Authority awarded a contract to the appellant by accepting its offer, as per tender floated by Delhi Development Authority to construct 193 SFS Flats at Gazipur as also to construct 101 SFS Flats including shops at a nearby site in Gazipur. A formal agreement No. 14/EE/ED/8/DDA/1993 -94 was executed. The case of the appellant was that evidenced by Ex.P -4, a completion certificate dated July 02, 1996, the work was completed and in spite thereof, the payment was not made and therefore amounts payable under sub -heads (i) to (iv) were payable. As per the appellant, since officers of Delhi Development Authority did not take charge of the site till April 30, 1999 the appellant had to engage watch and ward to protect the flats from pilferage and thus amount as per said head (v) was payable. As per Delhi Development Authority the work was not completed as alleged and thus no amount as per sub -head (i) to (iv) was payable. Delhi Development Authority denied that the appellant had engaged any watch and ward to protect the flats.