KAMLESH BHARGAVA HOSPITAL AND RESEARCH CENTRE LTD , SILVER OAK HOSPITAL AND ANR Vs. WEATHER MAKER PVT LTD THROUGH ITS MANAGING DIRECTOR

JUDGEMENT

(1.) This appeal is directed against judgment and decree of both the Courts below whereby suit filed by the plaintiff-respondent herein for recovery of Rs. 7,78,525/- together with interest @ 12% per annum from the date of filing of the suit till the date of decree was allowed along with the cost of the suit at the same time and counter-claim/set off set up by the defendant/appellant was declined.

(2.) In brief, the facts of the case are that defendant No. 1/appellant built a hospital at Mohali under the name and style of 'Silver Oaks Hospital' in which they required air conditioning. The work of air conditioning was entrusted to the plaintiff/respondent. The deal was finalized for a consideration of Rs. 48,00,600/-. In pursuance of the order, the air conditioning plant was duly installed in the premises and was completed in the month of February 2000. During this period, the cost of installation, due to certain variations and additions, which were due to the extra work entrusted by the defendants to the plaintiff, escalated to Rs. 53,13,700/-, as a result of which total amount payable by the defendants to the plaintiff after crediting all the payments earlier made was of Rs. 9,24,925/-. Besides this the defendants were also required to pay a sum of Rs. 54,000/- towards three months of operation and maintenance charges to the plaintiff. Thus, the total outstanding amount was Rs. 9,78,925/-, out of which Rs. 2 lacs was paid by the defendants and ultimately a sum of Rs. 7,78,925/- was remained to be paid for which the present suit was filed.

(3.) In the written statement, the defendant No. 1 had admitted that the air conditioning plant was got installed through plaintiff, however, it was denied that any extra work was got done from the plaintiff for which they had asked for a sum of Rs. 7,78,925/-. It is rather alleged that two units, one of 10 ton and other of 50 ton, did not work satisfactorily, since the time of commissioning and despite repeated requests was not repaired. Therefore, the defendants had to file a complaint before the State Consumer Commission, Punjab at Chandigarh. In the counterclaim/set off, it was claimed that defendant No. 1 hired the services of other company/firm on which they had spent Rs. 11,42,883/-. Thus, it was prayed that the said amount be also got returned from the plaintiff with interest @ 18% per annum. The plaintiff filed replication and reply to the counter-claim reiterating the stand taken in the plaint and controverting the averments made in the written statement. On 21.11.2005, learned trial Court framed the following issues: