Full Judgment Text
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CASE NO.:
Appeal (civil) 5403 of 2004
PETITIONER:
Haryana Urban Development Authority
RESPONDENT:
Raj Laxmi
DATE OF JUDGMENT: 24/09/2004
BENCH:
S.N. VARIAVA & A.K. MATHUR
JUDGMENT:
J U D G M E N T
S. N. VARIAVA, J.
This Appeal is against an Order of the National Consumer
Disputes Redressal Commission dated 27th August 2002.
We have heard the parties.
In our view, there is no infirmity in the reasoning of the National
Commission in directing that the alternate plot be given at the same
price at which original plot was allotted. However, we are unable to
sustain the further direction that interest be paid by Appellants at the
rate of 18% per annum. As the Respondent/allottee is already
benefited by getting an alternate plot at the old rate, there is no loss
or damage being suffered by him which would automatically require
such compensation. In such cases, compensation for mental
agony/harassment by awarding interest at the rate of 9% will be
sufficient. Of course, if an allottee proves that he has suffered a loss
or damage e.g. having to stay in rental premises and pay rent, then
such loss/damage can be awarded.
In this case, there is no finding of any loss/damage. We
therefore modify the Order of the National Commission by awarding
interest at the rate of 9% per annum.
With this modification, the Appeal stands disposed off with no
order as to costs.