Research › Search › Judgment

Kerala High Court · body

2021 DIGILAW 194 (KER)

J. Abdul Vahid, S/o. Jamaludeen Kunju v. Managing Director Kerala State Transport Corporation, Thiruvananthapuram

2021-02-26

P.V.ASHA

body2021
JUDGMENT : 1. The writ petition is filed seeking the following reliefs:- “(i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to pay an amount of Rs.22,030,771/-with interest at the rate of 12% forthwith. (ii) Pass such other orders as this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 2. On the basis of notice inviting tender, the petitioner had submitted e-tender on 26.09.2014 and 24.11.2014. Based on Ext.P1 selection notice issued on 09.01.2015, the petitioner executed Ext.P2 agreement on 25.06.2015 and carried out the construction of KSRTC bus terminal cum shopping complex at Haripad. The petitioner submits that the work was completed on 29.09.2018 and payment towards the final bill was made on 18.05.2020. According to the petitioner the defect liability period as per Ext.P2 agreement is only one year and therefore, the petitioner is entitled to refund of the security amount. 3. The writ petition is filed seeking a direction to make the paymentof a sum of Rs.2,20,30,771/-which according to the petitioner is the balance amount. 4. The respondents have filed a counter affidavit stating that, as per Ext.R1(a) letter, the KSRTC has addressed the Deputy General Manager, HLL Life Care Limited for assessment of structural stability and quality of the constructions under KSRTC. Serial No.1 in the said letter relates to the work carried out by the petitioner. It is stated that as per Ext.R1(b) letter, the Government has agreed that Central PSUs ie, M/s.HLL Life Care Limited and M/s. Hindustan Pre Fab Limited shall be the project management consultant for existing and future work of KSRTC. 5. The contention of the learned counsel for the petitioner is that Ext.R1(b) letter can not relate to the work of the petitioner as the said work was already completed well before 19.10.2020. 6. Even though, the petitioner has, in paragraph No.5 of the writ petition stated that the defect liability period in respect of the work under taken by the petitioner is over as it was completed on 29.09.2018, the counter affidavit filed by the respondents does not dispute the same. They have only stated that the payment can be made only after evaluation of structural stability by the project management consultant. They have only stated that the payment can be made only after evaluation of structural stability by the project management consultant. As the petitioner's contention remains undisputed with respect to the date of completion of the work as well as with respect to the defect liability period, the respondents can not delay further payment due to the petitioner, awaiting the report from the Project consultant, for which steps are taken in the year 2020 and consent is given by government on 06.11.2020 in Ext.R1(b) letter. As rightly contended by the learned Counsel for the petitioner, a work which was completed in 2018, can not be said to be a work which was existing as on 06.11.2020 when Ext R1(b) letter was issued or as on 19.10.2020, when Ext.R1(a)letter was issued or because the respondents included the work carried out by the petitioner in Ext R1(a) letter. 7. As the learned Counsel for the respondents submitted that KSRTC is facing serious financial crunch, there shall be a direction to the respondents to see that the balance payment due to the petitioner under various heads is made within a period of six months, provided 50% of the same is paid within three months. The writ petition is disposed of accordingly.