MOHAN LAL WADHWA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The respondent DDA invited tenders for the work of development of main land at Dwarka Phase II for an estimated cost of project of Rs.33,23,494/- in October 1999. The petitioner submitted his tender on 12.11.1999 and submitted an earnest money deposit of Rs.83,088/-. The date of the opening of the tander was 15.11.1999.

(2.) The petitioner vide letter dated 16.11.1999 informed the respondents that the rate for item No.6 should be read as Rs.68/- instead of Rs.38/- as the same was stated to be a mistake. This was reiterated on 19.11.1999 stating that the mistake had occurred since the petitioner was under a mis-apprehension that the hand mixing(mini plant) would be allowed to be used whereas in fact the work involved the use of hot mixing plant with power Finish. The request of the petitioner was rejected on 29.11.1999 by the respondents. The last date fixed for acceptance of the offer of the petitioner expired on 13.2.2000 since the notice inviting tender was valid upto 90 days from the submission of the tender.

(3.) On 14/16.2.2000 the letter was sent by the petitioner to the respondents seeking refund of the earnest money since the validity period had expired and he further claimed interest in case of delay in payment. The request of the petitioner was rejected on 19.2.2000 since the tender has been rejected as per the following remarks :