UTILITY POWERTECH LIMITED Vs. AMIT TRADERS

JUDGEMENT

(1.) The present appeal arises out of the judgment and decree dated 29th April, 2015 by which the Plaintiff/Respondent's (hereafter "Plaintiff") suit has been decreed in the following terms:

(2.) The Plaintiff was an electrical contractor engaged in the business of providing supply of electrical goods and services thereof. It was a sole proprietary concern of Shri Darshan Lal. Work order dated 23rd September, 2004 was placed by the Appellant/Defendant (hereinafter "Defendant") for erection of complete equipment for implementation of High Voltage Distribution System [HVDS] and Testing & Commissioning of HVDS as per scope of work in Delhi Distribution Area. The said work order was awarded to the Plaintiff for the Blocks- I-1, I-2, and M-1, M-2 of Sangam Vihar area, situated at South Delhi. The Plaintiff was required to do the transportation, erection, installation, testing, commissioning of H.V.D.S, excavation and fencing related works etc. The payments were staggered with 70% payment on monthly basis, 20% on mechanical completion of erection and balance 10% after 6 months from the date of handing over of all the equipment in the said colony.

(3.) The Plaintiff claims that the work order was completed in 2006. However, as against the total invoice of Rs.77,58,011/- actual payment of only Rs.60,44,883/- was made to the Plaintiff. The overdue amount was to the tune of Rs.17,14,128/-. Despite repeated personal meetings and requests, the outstanding dues were not cleared. Legal notice was issued by the Plaintiff on 4th May, 2009. Since the outstanding was not paid, the suit for recovery came to be filed.