SANGEETA WAHI Vs. SHEKHAR PALIWAL

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the court of learned Additional District Judge dated 20th January, 2004, whereby the learned trial court has decreed the suit of the plaintiff for a sum of Rs.1,28,000/-. The brief facts of the case of the plaintiff are that the plaintiff was working as a contractor and as an interior decorator under the name and style of M/s. Pace Technical Services. In the month of April, 2000, both the parties entered into an agreement and the plaintiff agreed to provide labour, building material and got the construction work done under his supervision in respect of a plot bearing No.1689, Sector 23, Gurgaon. The plaintiff carried out the construction in the said building in November, 2000 and handed over the possession of the same to the defendant. The plaintiff raised a bill in the sum of Rs.3,30,217.14 paise dated 18.07.2000 to the plaintiff in respect of the job work done by him. In the month of July, 2000, the defendant requested the plaintiff to undertake some additional work. On the request of the defendant, the plaintiff also carried out the additional work and submitted a final bill for a sum of Rs.5,36,629.48 paise dated 23.11.2000 for the work done by him. But the defendant did not make payment of the amount outstanding against her. The plaintiff served a legal notice dated 05.02.2003 for demanding this amount to which the defendant sent a vague reply to his notice dated 10.03.2003. The plaintiff has prayed that the suit be decreed with costs against the defendant.

(2.) In the written statement filed by the defendant, it was submitted that the entire payment had been made to the plaintiff for the work done by him. The plaintiff had left the work incomplete and had not completed the work despite repeated requests and reminders made by the defendant. The plaintiff was to construct the ground floor, first floor and terrace @ Rs.336 per sq. ft. for which the defendant had agreed to pay him a sum of Rs.4,88,016/-. The defendant made payment of a sum of Rs.3,60,000/- to the plaintiff for the work done by him. The work which was carried out by the plaintiff was defective and the defendant had to get the same demolished and redone by another contractor. The defendant further stated that some payment was made by her to the plaintiff in cash and some payment was made by cheque. The defendant admitted the receipt of legal notice which was replied by her suitably.

(3.) On the pleadings of the parties, the learned trial court framed the following issues :