Full Judgment Text
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CASE NO.:
Appeal (civil) 5619 of 2004
PETITIONER:
Haryana Urban Development Authority & Ors.
RESPONDENT:
Smt. Amarjit Kaur
DATE OF JUDGMENT: 31/08/2004
BENCH:
S. N. VARIAVA & ARIJIT PASAYAT
JUDGMENT:
J U D G M E N T
(Arising out of SLP ) No.13898 of 2003)
S. N. VARIAVA, J.
Delay condoned.
Special leave granted.
Before this Court a large number of Appeals have been filed by
the Haryana Urban Development Authority and/or the Ghaziabad
Development Authority challenging Orders of the National Consumer
Disputes Redressal Commission, granting to Complainants, interest at
the rate of 18% per annum irrespective of the fact of each case. This
Court has, in the case of Ghaziabad Development Authority vs. Balbir
Singh reported in (2004) 5 SCC 65, deprecated this practice. This
Court has held that interest at the rate of 18% cannot be granted in all
cases irrespective of the facts of the case. This Court has held that
the Consumer Forums could grant damages/compensation for mental
agony/harassment where it finds misfeasance in public office. This
Court has held that such compensation is a recompense for the loss or
injury and it necessarily has to be based on a finding of loss or injury
and must co-relate with the amount of loss or injury. This Court has
held that the Forum or the Commission thus had to determine that
there was deficiency in service and/or misfeasance in public office and
that it has resulted in loss or injury. This Court has also laid down
certain other guidelines which the Forum or the Commission has to
follow in future cases.
This Court is now taking up the cases before it for disposal as
per principles set out in earlier judgment. On taking the cases we find
that the copies of the Claim/Petitions made by the
Respondent/Complainant and the evidence, if any, led before the
District Forum are not placed in the paper book. This Court has before
it the Order of the District Forum. The facts are thus taken from that
Order.
In this case the Respondent was allotted a plot bearing No.
1162, Sector 14 (Part), Hisar, on 4th June 1991. Substantial payments
had been made but the possession was not delivered as development
work had not taken place. The Respondent filed the complaint before
the District Forum.
The District Forum by its Order dated 2nd June 1998 directed
payment of interest @ 18% p.a. from the date of deposit till the date
of offer of possession. The State Forum, in the Appeal filed by the
Appellants, reduced the rate of interest from 18% to 15% and directed
interest to be payable after two years of the date of deposit. The
National Forum disposed of the revision in terms of its Judgment in
HUDA vs. Darsh Kumar.
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The Order of the National Forum cannot be sustained for reasons
set out in our Judgment in the case Ghaziabad Development Authority
vs. Balbir Singh (supra). Each case has to be decided on the facts of
that case. Award of interest at the rate of 18% irrespective of the
facts of the case cannot be justified.
In this case, possession has been offered by a letter dated 12th
November 1997 and interest @ 12% has been paid. However, TDS
appears to have been deducted. We direct that the Respondent shall
be entitled to take possession without any increase or escalation being
claimed from him. The Appellants to inform the Respondent that he
can take possession. As the possession is being delivered to the
Respondent, in our view, interest @ 12% is sufficient. The Appellants
shall, however, pay to the Respondent the amount of TDS, which have
been deducted, with interest @ 12% from the date the amount was so
deducted till payment.
We clarify that this Order shall not be taken as a precedent in
any other matter as it has been passed by taking into account special
features of the case. The Forum/Commission will follow the principles
laid down by this Court in the case of Ghaziabad Development
Authority vs. Balbir Singh (supra) in future cases.
With these directions, the Appeal stands disposed off with no
order as to costs.