Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
CASE NO.:
Appeal (civil) 5624 of 2004
PETITIONER:
Haryana Urban Development Authority
RESPONDENT:
Lalit Jain
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 (C) No. 13087 of 2003]
S. N. VARIAVA, J.
Leave granted.
Delay condoned.
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 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.
1368, Sector 10, Ambala City on 30th August, 1991. He was, however,
given the possession of the plot only on 27th September, 1996. He
therefore filed a complaint before the District Forum claiming interest
at the rate of 24% on the amount of Rs.1,95,681.75 from the date he
paid the amount till possession was given. The District Forum held
that 3 = years must be given to Appellants to give possession. It was
held that by 1st March, 1995 the Appellants should have handed over
possession to the Respondent and that beyond that period they should
pay interest at the rate of 18%. The District Forum also directed
payment of Rs.5,000/- as compensation for harassment and Rs.500/-
as costs.
In the Appeal filed by the Appellants, the State Commission
reduced the interest from 18% to 15% per annum and set aside the
award of compensation of Rs.5,000/-.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2
The National Commission has disposed off the Revision filed by
the Appellants relying upon its own decision in the case of Haryana
Urban Development Authority vs. Darsh Kumar.
We are told that interest at the rate of 12% has been paid
on 24th March, 2000. It is not clear whether, whilst paying interest,
any TDS has been deducted. In our view, interest at the rate of !2%
is sufficient in a case like this and, therefore, nothing further needs to
be paid. However, if TDS has been deducted, then the Appellants
must, within 2 weeks from today, forward to the Respondent the
amount of TDS deducted along with interest at the rate of 12% per
annum thereon from the date it was so deducted till payment.
We clarify that this Order shall not be taken as a precedent in
any other matter as the order is being passed 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 the above directions, the Appeal stands disposed of. There
will be no order as to costs.