M/S Madhya Pradesh Saur Urja … vs Union Of India on 7 July, 2021
This petition under Article 226 of the Constitution of India has been filed against the order dated 24-7-2020 passed by respondent no.3, by which the claim of the petitioner for the price of one additional solar water heater has been denied.
2. It is the case of the Petitioner that vide enquiry dated 25-3-
2019, bids were invited for various items including installation of solar heater tanks and for providing annual maintenance services.
Thereafter, corrigendum was published and the quantity of one water heater was enhanced to two. In response to the invitation, the petitioner submitted its bid on 10-4-2019. The copy of bid has been placed on record as Annexure P/4. Since, the petitioner was the L1, therefore, he was awarded contract and work order dated 20-6-2019 was issued for a sum of Rs. 13,28,360/- towards execution of work and for a sum of Rs. 2,99,250/- towards CAM services. It is the claim of the petitioner, that the work was completed successfully and two solar water heaters were installed and intimation of completion of work was given by the petitioner. The petitioner also completed the period of CAM, but it is claimed that no payment was made by HIGH COURT OF MADHYA PRADESH W.P. No. 11672 of 2020 M/s Madhya Pradesh Saur Urja Solutions Vs. Union of India the respondents for the installation done by the petitioner and therefore, the petitioner vide email dated 13-9-2019, 9-7-2020, 21-7-
4,37,850/- but since, corrigendum was already issued prior to submission of bids/offers, and the petitioner was aware of the fact that he has to quote price for 2 Design Manufacture & Supply of 3000 LPD @ Solar Water Heating Tank vertical type and with electrical backup, therefore, it cannot be said that the price quoted by the petitioner was for one Design Manufacture & Supply of 3000 LPD @ Solar Water Heating Tank vertical type and with electrical backup. It is further submitted that while issuing work order, a typographical mistake was committed, which would not create any right in favor of the petitioner. It is further submitted that all the bidders had submitted their quotations for two Design Manufacture & Supply of 3000 LPD @ Solar Water Heating Tank vertical type and with electrical backup. As per the minutes of the meeting, it is clear that the financial bid of the petitioner was Rs. 11,89,760, whereas the financial bid of M/ sun Rays Akshya Urja was Rs.
7. In rejoinder, it is claimed by the petitioner, that previous survey will not bind the petitioner and is irrelevant.
8. Heard the learned Counsels for the parties.
9. The facts lies in very narrow campus.
10. A notice inviting bids/offers was issued with proforma of Financial bid (Annexure 1) which is at page 21 of the writ petition.
In this proforma, the total quantity of Design Manufacture & Supply of 3000 LPD @ Solar Water Heating Tank vertical type and with HIGH COURT OF MADHYA PRADESH W.P. No. 11672 of 2020 M/s Madhya Pradesh Saur Urja Solutions Vs. Union of India electrical backup was mentioned as 01. Thereafter it appears that a corrigendum 01 was issued and the quantity of Design Manufacture & Supply of 3000 LPD @ Solar Water Heating Tank vertical type and with electrical backup was enhanced from 01 to 02. However, it appears that no fresh proforma of Financial bid was issued thereby making the total quantity of Design Manufacture & Supply of 3000 LPD @ Solar Water Heating Tank vertical type and with electrical backup from 01 to 02.
=16,37,240 (inclusive of CAMC). Thus, the financial bid of the petitioner would have become the highest one, and he was not entitled for award of work.
14. Thus, it appears that taking advantage of the old proforma of Financial Bid, the petitioner has started claiming an additional amount of Rs. 4,37,480/-.
15. Further, there is no variation in CAMC quoted by the petitioner. If the petitioner had quoted CAMC for one unit of Design Manufacture & Supply of 3000 LPD @ Solar Water Heating Tank vertical type and with electrical backup, then in case of CAMC for 2 units of Design Manufacture & Supply of 3000 LPD @ Solar Water Heating Tank vertical type and with electrical backup, the petitioner should have increased the amount of CAMC also. As the petitioner has not claimed any enhancement of CAMC, thus, it is clear that the petitioner had quoted the CAMC for 2 units of Design Manufacture & Supply of 3000 LPD @ Solar Water Heating Tank vertical type and with electrical backup.
Source : indiankanoon
