DELHI DEVELOPMENT AUTHORITY Vs. A.S.SACHDEVA

JUDGEMENT

(1.) THE respondent had made an offer when notice inviting tender was floated by DDA to construct the listed works in the notice inviting tender and upon acceptance of the bid a contract bond Ex.P-21 was executed. THE respondent was to bring its own material, save and except those which was listed in the tender documents, to erect the constructions; and in respect of the material to be issued (listed in the tender documents), it was the obligation of DDA to supply the said material at the fixed cost recorded in the notice inviting tender. THE general conditions of the contract had the usual clause 10CC which stipulates that increase in the price of labour and material based upon applicable indices issued by the Ministry of Commerce would be paid to the respondent as per formula prescribed in the clause, but not including the material which had to be issued by DDA. THE reason is obvious; DDA was to supply the material at the fixed price.

(2.) IT is not in dispute between the parties that the completion was delayed and the final completion certificate was issued on 01.12.1997 and the respondent was paid labour and material escalation as per clause 10CC.

(3.) VIDE judgment and decree impugned, the last claim towards compensation on account of idle establishment, T&P on account of the contract being prolonged has been declined. The preceding seven claims have been allowed. Principal sum decreed is Rs. 13,16,825.80, on which, as per para 36 of the impugned judgment, only pendente-lite and future interest have been directed to be paid @12% per annum.