P C SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner/claimant has been assigned a task of construction of SFS houses at Sarita Vihar, Sector I. The petitioner had agreed to execute the work as per terms and conditions contained in the agreement of 1 5/10/1984. Various disputes arose with respect to the construction of the said work between the par Lies. Thereupon as per clause 25 of the agreement It was decided to refer the disputes For arbitration before the sole arbitrator Shri M.S. Telang. Shri M.S. Telans has made his award on 1 8/05/1993. The same has been filed in Court. In pursuance of it a no Lice had been issued to the parties.

(2.) The Delhi Development Authority has filed objections which are being contested. The objections were mainly confined to claim No.1,3,5 (2) 7,9 and 28. The same, therefore, can conveniently be taken up separately.

(3.) So far as claim No.1 is concerned the petitioner had claimed Rs.1,44,389.00 towards the refund of the deduction of the rebate made on account of payment of regular monthly bill without fulfilling the contingent conditions. The arbitrator in this regard has awarded Rs.39,973.12. As per the objector in terms of the agreement the petitioner had offered a rebate of .50% for making monthly payment. As per clause 8 of the agreement the contractor was required to submit bills against the work executed by him, but no bill was submitted by the petitioner during the execution of the work. On the other hand respondent prepared the bills and made payments from time to time. On few occasions payments could not be made on month to month basis by the objector keeping in view the slow progress of the work. Thus it is claimed that the arbitrator was wrong in allowing the claim in this regard.