JYOTHY BIO GAS & RURAL SOCIAL SERVICE CENTRE (REG.NO.1050/99) CHEMBOOR Vs. KOLLAM CORPORATION, REPRESENTED BY ITS SECRETARY, KOLLAM

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:

(2.) Petitioner is a registered society and it has 15 years experience in the field of making and servicing of bio-gas plants. The respondent Corporation invited tenders for construction of two 60 cubic metre "Deen Bandhu Modal Bio-gas Plants". Petitioner submitted quotation, quoting Rs. 29,70,000/-. The said quotation was accepted. On 19.07.2007, petitioner and the respondent entered into Ext.P5 agreement, by which it was agreed to complete the work within 90 days from the date of receipt of technically and commercially clear work order. In terms of the agreement, the respondent has to depute one of their engineers at the work site and the plants will be running operational for one year, among other conditions. According to the petitioner, the work was completed of two bio-gas plants under the supervision of the Engineer of the respondent on 17.10.2007. Petitioner has maintained the plants in running operational condition for one year as per the agreement. On raising the bills, the respondent has paid only an amount of Rs. 23,55,806/- by four instalments, and the balance remaining is Rs. 7,14,194/- plus cost of the Pressure gauge at Rs. 17,325/-, which was installed in accordance with the directions issued by the Ombudsman for Local Self Government Institutions.

(3.) The respondent has filed a detailed counter affidavit, refuting the allegations and claims and demands raised by the petitioner, and reiterated the stand adopted in Ext.P14 communication dated 18.05.2009, whereby petitioner was directed to rectify the defects in the plant within the time period specified thereunder.