R K BUILDERS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is a suit for recovery of Rs. 5,05,000/- exclusive of interest on account of withholding of the amount by the defendant-DDA against ItemNo.6 of the agreement by which plaintiff was awarded the work of development of land for Co-operative Group Housing Society, Saraswati Vihar. Item No. 6 was towards cost of centering and shuttering @ Rs. 22.65 plus 78% above per sq. metre. Item 5 of the agreement specifically provided that cost of centering and shuttering and finishing would be exclusive of P/F at or near ground level cast cement concrete kerbs, edgings, etc. setting in position with cement mortar 1:2 (one cement: 2 C. sand).

(2.) The grievance of the plaintiff is that in spite of having cleared the cost that worked out to Rs. 2,17,803.71, the DDA specifically withheld the said amount arbitrarily. On the other hand, defendant-DDA took the stand that as per Clause 15 of the Agreement all works under or in course of execution or executed in pursuance of the contract shall at all times be open to the inspection and supervision of Engineer-in-Charge and his authorised subordinates and the C. V.C or by the Chief Engineer (Quality Control). The work was inspected by the Quality Control as well as the Superintending Engineer and it was decided to recover the amount for the item of centering and shuttering as it was found utterly wanting in quality.

(3.) Amongst other objections that the suit has not been properly valued and not having been filed by a duly authorised person etc., the defendant-DDA also took the objection that suit is liable to be dismissed for want of notice under Section 53B of the Delhi Development Act.