Full Judgment Text
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.2838-2840 OF 2009
(Arising out of SLP©Nos.3088-3090 OF 2008]
Amarjyothi Housing Society ..Appellant
Versus
C.S.Padmashree & Ors. ..Respondents
O R D E R
1. Leave granted.
2. The only question that needs to be decided is whether in view of the decision of
this Court in Ghaziabad Development Authority vs. Balbir Singh [2004 (5) SCC 65], the
claimant/respondent would be entitled to 18% interest from the respective dates of
deposit till payment as the respondent was not given possession of the plots in question.
3. The National Consumer Disputes Redressal Commission (in short ‘the
National Commission’) by the impugned order has directed the appellant to pay interest
@ 18% from the respective dates of deposit till payment.
4. When the matter came up for hearing before us, the learned counsel appearing
on behalf of the claimant/respondent submitted that the Ghaziabad Development
Authority has already complied with the order of the National Commission and in fact
has already paid the amount to the claimant/respondent with 18% interest. Such being
the position and in view of the fact that these appeals have been filed only against the
payment of interest @ 18%, we are of the view that these appeals have become
infructuous and are accordingly disposed of. Interim order, if any, stands vacated.
5. However, this order shall not be treated as a precedent in other appropriate
cases.
6. In view of the order passed in these appeals, the application for intervention is
also disposed of.
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……………………..J.
[Tarun Chatterjee]
New Delhi; …………………….J.
April 27, 2009. [H.L.Dattu]