question to the revisionist-complainant. It is further
submitted that incomplete construction work and failure of
respondent to hand over the physical possession ... respondent / builder. It is also not disputed that the construction of
the entire building is incomplete. All the documentary evidence is
within the reach
does the work of water
proofing and brings labour and machinery for the said work. He has
deposed that all the construction work of Khadi ... which was due for the work done. He has further deposed that the
complainant had left the construction work incomplete and also his
payment
plot for Rs. 2,80,000/. He admitted
that Sube Singh started construction on the plot but he objected
for the same ... Singh could not make the payment and left the plot with
incomplete construction work. He admitted that he completed the
construction work on the said
alleging losses and damages arising out of the alleged deficient
and incomplete construction work carried out by the plaintiff.
Thus, the present judgment also adjudicates ... failed to execute
construction as per approved drawings and specifications.
Several components of the project remained incomplete,
including flooring, electrical works, plumbing, plastering,
painting, installation
entire amount, plaintiff did not complete the work and
left the construction work incomplete. The plaintiff did
CS (Comm.) 983/2023 Mohd. Muyunddin Vs Sunita ... denied that plaintiff had abandoned the site when the
construction work was incomplete and it has been stated
that defendant is not entitled to recover
incomplete work or had ever notified as to what work was
specifically left incomplete. This pertinent assertion of plaintiff
that defendant left the work ... been able to prove that what work was left incomplete by
defendant and what incomplete work was done by contractor
Dhiraj. Hence, issue
incident. PW3
further stated that he cannot tell whether the construction work was going
FIR No. 725/2016 State Vs. Amna Begum ... give any
statement to the police to the effect that incomplete construction work of
accused was going on at the place of the incident
amount of Rs. 5,50,000/- for
the remaining construction work. He has neither
examined any contractor nor placed on record any bills
to prove ... dispute to the fact that the plaintiff left the
incomplete construction work in between and some of
the material was left un-utilized
paid by the plaintiff to the defendant after completion
of the construction work as well as execution of necessary documents for the
ground floor shop ... construction as per the agreement by
30.08.08 but he failed to discharge his liability. The plaintiff also left the
construction work incomplete. The plaintiff after
plaintiff refused to do further construction work and has
left the substantial construction work incomplete. Plaintiff
himself has left the construction work of the suit ... property
incomplete and has taken Rs.11 lakhs for the work done by
him. In this regard, one settlement dated 28.06.2016 was
prepared and signed