SANDIP SOOD Vs. D.D.A.

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner praying inter alia for directions to the respondent/DDA to provide basic amenities in the Local Shopping Complex at Sector 5, Dwarka, New Delhi, and to repair the shop bearing No. 5, LSC, Sector 5, plot No. 18/12, ground floor, allotted in the tender to the petitioner. The second relief sought by the petitioner is for directions to the respondent/DDA to pay interest @ 10% on the amount deposited by the petitioner till the basic amenities are provided and repairs carried out in the shop.

(2.) FACTS of the case are that the respondent invited tenders in March, 2008 in respect of the shops including the shop, subject matter of the writ petition. In response thereto, the petitioner applied to the respondent and was declared the highest bidder in respect of the aforesaid shop in question on 28.03.2008 for a bid amount of Rs. 28 lacs. The petitioner paid 25% of the bid amount as earnest money, i.e., Rs. 7 lacs on the date of the finalization of the bid. Vide letter dated 21.04.2008, the respondent issued a demand letter to the petitioner demanding the balance payment of 75% of the bid amount, i.e., Rs. 21,00,045/ - to be paid on or before 20.05.2008, with a condition that thereafter interest would be chargeable @ 15% for every 15 days and for the next 180 days failing which, the earnest money shall be forfeited.

(3.) NOTICE was issued on the present petition on 17.10.2008 on which date, the respondent accepted the notice and sought time to file reply. On the interim application filed by the petitioner, it was ordered that, subject to the petitioner depositing the balance sale consideration in the Court within one week, the earnest money of the petitioner would not be forfeited by the respondent and the allotment in respect of the shop would not be cancelled. In the meantime, the respondent was directed to undertake the complete repair work in relation to the shop in question and provide the basic amenities, without prejudice to its right. It was further ordered that in case the aforesaid work was completed by the respondent, it may place photographs on the record and seek orders for release of the amount deposited in the Court. Simultaneously, the petitioner had filed an application for seeking appointment of a Local Commissioner to report the condition of the shop in question. The collective fee of the Local Commissioner was fixed at Rs. 15,000/ - in the present case and in WP(C) 7349/2008.