DDA Vs. NAV BHARAT CONSTRUCTION CO.

JUDGEMENT

(1.) BY way of this petition, the petitioner has assailed only one claim i.e. Claim No. 29 of the award dated 28th February 2006 passed by learned arbitral tribunal.

(2.) THE claimant (respondent herein) made Claim No. 29 for a sum of Rs. 5,30,000/ - on account of watch and ward from July 1993 to November 1997. The learned arbitral tribunal held that the flat were completed on 6th July, 1993. The final bill was prepared on 17th September 1997. The allotment started in 2003. The claimant had claimed amount in respect to watch and ward from 6th July 1993 till the bill was finalized i.e. 17th September 1997 i.e. for a period of 50 months. The arbitral tribunal awarded a sum of Rs. 4,16,040/ -against this claim on the basis of rates given in the a Circular No. 510.

(3.) IT is submitted by petitioner/objector that the arbitral tribunal gave the award contrary to the contract as there was no contract for watch and ward. The contractor was at liberty to leave the flats after completion. It would have been the responsibility of DDA to look after the flats once completion certificate has been issued. It is also submitted that the circular relied upon by the arbitrator was not applicable in this case since this Circular had come into force on 2nd June 1997 whereas the contract between the parties was of 1993 and the commercial relations of the parties were not governed by this circular and the decision rendered by the arbitral tribunal was contrary to the agreement and bad in law.