STAR BUILDERS & DECORATORS Vs. DDA

JUDGEMENT

(1.) These are the Objections filed by the respondent-DDA in IA.No.2970/93 to the Award dated 29th July, 1992, given by Shri S.C. Gupta, Chief Engineer (SWZ), an Arbitrator of DDA who was appointed by the Engineer Member of Delhi Development Authority to arbitrate in the disputes raised by the petitioner herein.

(2.) Arguments have been advanced by the learned counsel for the respondent-DDA/Objector mainly on Objections to Claim Nos.10, 17, 18 & 21. The relevant portion of Claim No. 10 reads as follows :

(3.) In so far as Claim No. 10 is concerned, the learned counsel for the respondent-DDA/Objector has relied upon Clause 42 which provided for recovery at double the rate in respect of excess issue of material. On the basis of the excess gross tiles worked out theoretically, the respondent calculated that a total of 1974 gross white glazed tiles were issued to the claimant/petitioner herein but the theoretical consumption worked out for actual work done comes to 1860 gross. Consequently in purported exercise of the power under Clause 42, the value of 108 gross of white glazed tiles was recovered at double the issue rate. The Arbitrator has found that Clause 42 provided for the recovery at a penal rate for various items but did not make any such provision in respect of white glazed tiles. In view of this, the Arbitrator while permitting the amount of recovery of Rs.19,656/- at the normal rate for the white glazed tiles declined to uphold the recovery in so far as it was made at double the normal rates. In my view, the Arbitrator has rightly held that the Claim of the claimants/petitioners herein is justified. It has not been shown by the respondent-DDA that the said Clause 42 provided for double rate recovery in respect of white glazed tiles. Accordingly the respondent's objection as to Claim No. 10 is dismissed and the Award in respect of said Claim is upheld.