THE HONOURABLE SMT. JUSTICE P.SREE SUDHA APPEAL SUIT No.238 of 2010

JUDGMENT:

This appeal is filed against the Judgment and decree dated 29.06.2009, in O.S.No.325 of 2007 passed by the learned Senior Civil Judge, Sangareddy.

2. The suit vide O.S.No.325 of 2007 was filed by the appellant/plaintiff against respondents/defendants for recovery of money, compensation and Damages of Rs.9,36,000/-. The appellant/plaintiff examined himself as P.W.1 and marked Exs.A1 to A9 on his behalf and D.W.1 was examined on behalf of the respondents/defendants and marked Exs.B1 to B7 on their behalf. The trial Court after considering the arguments of both sides and evidence on record, partly decreed the suit for an amount of Rs.1,00,000/- with interest @ 24% per annum from 15.12.2005 till the date of decree. Aggrieved by the said Judgment, plaintiff therein preferred the present appeal.

3. The learned Counsel for the appellant/plaintiff mainly contended that the trial Court held that delay was not caused for not commencing the contact work by any default or violation of terms and conditions under Ex.A3 by the appellant, but it was default on the part of the respondents/defendants, as such the trial Court ought to have decreed the suit as prayed in toto. He further contended that the trial court failed to appreciate that appellant is entitled for damages, as the Court below held that hurdles in performance of the contract was created by respondents. Therefore, requested the Court to set aside the Judgment and decree passed by the trial Court.

4. Parties herein are referred as plaintiff and defendants as arrayed in the trial Court for the sake of convenience.

5. The brief averments of the plaint are that plaintiff was a contractor and he entered into a contract with the defendants on 15.12.2005, for the maintenance of New Fire Out Post at Narsapur, for five years for an amount of Rs.49,80,000/- and also deposited an amount of Rs.1,00,000/- along with Earnest Money Deposit(E.M.D) of Rs.30,000/- as per the terms of the contract. The plaintiff submitted a list of work force along with their Bio-data to defendant No.1 for the purpose of training of personnel as per the agreement and made ready to execute the contract as and when defendants directed him, but without informing the date of commencement of contract work, in spite of his repeated reminders, defendant No.1 issued termination letter vide proceedings No.RC.No.2094/DPO/2005-Fire-III, dated 13.07.2006 and also forfeited the deposited amount of Rs.1,00,000/- on the ground that plaintiff violated the terms and conditions of contract. Therefore, plaintiff filed a suit before the trial Court for recovery of Rs.1,00,000/- with interest @24% per annum and damages of Rs.3,00,000/- and compensation of Rs.5,00,000/- for causing mental agony.

6. Plaintiff/P.W.1 reiterated the contents of the plaint in his evidence. During Cross-examination, he admitted that he signed on the agreement along with the district fire officers, as per the terms and conditions incorporated in it. He further admitted that as per condition No.2 of Ex.A3, he had to get the presence of persons to be selected as Firemen and Driver operators before District Selection Committee within 10 days from the date of publication, but he stated that he has not received any communication for the above said purpose. However, he denied that the District Fire Officer addressed a letter vide Lr.No.RC.No.2094/DFO/MDK/2005 Fire-I, dated 30.12.2005, requesting him to submit a list of eligible candidates for the post of Firemen and Driver operator within 15 days from the date of receipt of the letter, but at the same time, he admitted that he has furnished a list with xerox copies of bio-data on 15.02.2006 to the District Fire Officer. He also denied the suggestion that Ex.A7 termination letter was given to him, since he expressed his inability to comply the agreement conditions and expressed his financial problems. He admitted that he had not filed any docu