ASSOCIATED BUILDERS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The learned counsel for the applicant submits that by way of this application, the objections to the award were filed. The respondent had also filed objections which were dismissed by an order dated 19.07.2002. Thereafter, payments have also been made in execution of the said award. However, these objections of the applicant / claimant had not been disposed of.

(2.) There are only two objections and they pertain to " (i) claim Nos. 2, 3 and 10 and (ii) Claim No.17. Insofar as the first objection is concerned, it is stated by the learned counsel for the claimant / objector that a sum of Rs 36,000/- has been deducted by the learned Arbitrator without any reason. He submitted that the liability of the claimant did not extend beyond six months of the completion of work. The completion of the work took place on 01.08.1985. The amount of Rs 36,000/- pertains to a period beyond the period of six months from the completion of the work and, therefore, the learned Arbitrator ought not to have deducted the said amount from the claimant's claim. The learned Arbitrator had deducted Rs 36,000/- in the following manner:- "It is stated in the affidavit of Mr N. Kishore EE/DDA that a letter dated 16.12.1987 (Ex. R-2) and yet another letter dated 9.2.1988 (Ex. R-1) in this regard were sent but the Claimants paid no heed. In proof, they alleged that in one case the allottee K.K. Sharma approached the consumer Forum, vide order dated 24.4.1998 of the Consumer Dispute Redressal Forum No.IV Delhi in respect of Block R. 53/D Dilshad Garden in case No.1292/97/30 with a complaint that there was seepage in toilet, kitchen and bathroom and further that on 22.8.1996, plaster and iron of the ceiling in one room fell down. The Forum directed the D.D.A. to repair the damage within 3 months and also pay Rs.10,000/- as compensation and Rs.1000 as costs of litigation. A copy of the said order has been filed. In their application dated 28.7.1998, the Respondents have stated that the repair work directed as aforesaid has cost them Rs.25000/- upon consideration I find that this amount of Rs.36000/- deserves to be deducted by the Respondents from the amount remaining to be paid to the Claimants."

(3.) The learned counsel for the respondent submitted that this is a finding of fact and the learned Arbitrator has considered the evidence on record and thereafter permitted the respondent to retain the amount of Rs 36,000/-. She submitted that this court does not sit as a court of appeal over the findings of an Arbitrator and, therefore, the said finding ought not to be disturbed.