LAWS(KER)-2010-4-41

ENARC CONSULTANTS Vs. THE GENERAL MANAGER

Decided On April 06, 2010
Enarc Consultants Appellant
V/S
The General Manager Respondents

JUDGEMENT

(1.) By Annexure A1 order, the 1st respondent appointed the applicant herein as its consultant for the construction of the Sahakarana Sathabdi Mandiram at Kovilakathumpadam in Thrissur District.

(2.) Annexure A1 details the respective obligations of the parties. Clause 5 thereof provided that the applicant shall be paid a fee calculated at the rate of 3% of the total cost of the project. Clause 8 provided for resolution of disputes, if any, between the parties by arbitration.

(3.) According to the applicant, in terms of Annexuare A1, they discharged their obligations including the preparation of the revised project cost, which was around Rs. 9 crores. It is stated that the construction was completed and the contractor's final bills were also recommended. Their complaint is that despite having done all works and the expiry of defect liability period, their fee was not fully paid.