RAHUL CONSTRUCTION & OTHERS Vs. KIRAN SHINDE

JUDGEMENT

(1.) The appellants/defendants filed this appeal against the judgement and decree dated 19.01.2000 passed by the rd Additional District Judge to the Court of District Judge, Indore in Civil Suit No.13-B/1995 whereby the judgement and been passed in favour of the plaintiff for recovery of amount of Rs. 2,76,000/- from the defendants.

(2.) Facts of the case are as under:

(3.) The plaintiff is a qualified Architect Engineer. The defendant No.1 is a proprietorship firm engaged in the civil construction work. According to the plaintiff the defendant No.2 approached her on behalf of defendant No.1 in order to get her services in the construction of Radhakrishna Complex. By way of oral agreement between them the plaintiff was given the work of drawing and designs of the said complex. According to the plaintiff, apart from the architectural work the plaintiff also submitted the valuation report drawings to the defendants but she was not paid adequate fee for the said work. Later on, the defendants agreed to give the amount of Rs. 3,21,000/- to the plaintiff for entire service rendered by her communication and letter written to them. The plaintiff was under bona-fide belief that the defendants are reputed firm in Indore city and she would be paid the amount but after sometime they started avoiding her. The defendants issued a letter dated 29.01989 by directing the plaintiff to contact Shri S.R. Soni. According to the plaintiff, a distinguished citizen of the Indore city intervened in the matter and thereafter the defendants agreed to pay the amount of Rs. 2,75,000/- to her and by way of advance, two cheques of Rs. 25,000/-Rs. 25,000/- were handed to her. The plaintiff presented the said cheque in her account but both have returned unpaid for want of sufficient funds in the account of defendant No.1. Thereafter, the plaintiff served a legal notice dated 207.1992 to the defendants and filed suit for recovery of Rs. 2,76,000/-.