EIDER PWI COMMUNICATIONS LTD Vs. CREATIVE ENGINEERING AND CONSTRUCTION COMPANY

JUDGEMENT

(1.) The complainant has alleged that tenders were invited for construction of a building at the premises of SCF 914, Mani Majra, Chandigarh. The estimated cost was Rs.30.00 lacs and an agreement in this regard was executed on 4.11.1996 by M/s. Creative Engineering and Construction Company of Panchkula. The work in question was to be completed by 4.4.1997. However, on 14.5.1997, a request was made for extension of time. One of the conditions was that the respondent shall be liable to pay Rs.30,000/- per day as damages in case the work was not completed within the stipulated period. It has been alleged that there was a delay of 221 days and thus a total sum of Rs.6,63,000/- was recoverable. Besides this, a further sum of Rs.5.00 lacs has been claimed as compensation.

(2.) Though the respondent was served, yet none appeared on its behalf and therefore, the proceedings against it were ordered ex parte on 9.3.1998.

(3.) We have perused the complaint and also the terms and conditions. The complaint is not supported by any affidavit. Besides this, the details of the work done at various stages have also not been brought on record. The dispute is of such a nature that it requires considerable evidence on facts i. e. from the start of the construction work till the end. Though some architect was associated with this construction, yet no affidavit of the architect or any other engineer has been brought on record. In the absence of these facts and the important reason that the dispute is of such a nature that it requires a large number of details, we hold that the complainant does not succeed here and the complaint is dismissed.