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2014 Supreme(Online)(KER) 25106
HIGH COURT OF KERALA
A. Muhamed Mustaque, J
JOSE K P – Appellant
Versus
THE ASSISTANT EXECUTIVE ENGINEER – Respondent
WRIT PETITION (CIVIL) 12853/2014
Parties must notify defects to allow for remediation before refusing payment under a contract.
Headnote:
Water Supply - Topographic Survey - Kerala Water Authority Section List - The court directed the respondent to specify any defects in the work done by the petitioner for water supply, allowing the petitioner time to rectify them, and ensuring payment upon satisfaction.
Fact of the Case:
The petitioner conducted a topographic survey for water supply as per an agreement with the Kerala Water Authority and submitted a final bill after completion. The third respondent demanded rectifications, leading to the petitioner approaching the court when payments were withheld.
Issues: Whether the petitioner completed the work satisfactorily and whether the Kerala Water Authority was obligated to pay the final bill.
Ratio Decidendi: The court established that parties must communicate any deficiencies in performance to allow for rectification before withholding payments.
Final Decision: Writ petition disposed of with directions for defect communication and subsequent payment.
J U D G M E N T
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The petitioner has conducted topographic survey in Vengara, Urakam and Parappur for the purpose of providing comprehensive watter supply in that area of behalf of Kerala Water Authority. The petitioner submitted that as per the terms of the agreement the work was completed on 29.6.2012 and submitted the final bill. As per Ext.P3, the 3rd respondent demanded some rectification in the plan submitted by the petitioner. Petitioner rectified the the mistake in the plan and resubmitted topographical survey reports as per Ext.P4. Since final bill was not released, the petitioner has approached this Court.
2. Counter affidavit has been filed on behalf of the respondents. It is stated in the counter affidavit that the petitioner has not completed the work to the satisfaction of the Kerala Water Authority.
3. The petitioner submits that he is prepared to cure the defects if it is pointed out to him.
Having regard to the facts and circumstances, I am of the view that there will be a direction to 2nd respondent to communicate the defects in the work within two weeks from the date of receipt of a copy of this judgment. Thereafter the petitioner shall cure the defects and communicate the same in writing to the 2nd respondent.
On being satisfied with the completition of work the amount due to the petitioner shall be released within a further period of four weeks.
Writ petition is disposed of as above.
A.MUHAMED MUSTAQUE, JUDGE jm/
