Haryana Urban Development Authority Vs. Sita Ram
EmailAppeal: Civil Appeal No. 2380 of 2003
(From the Judgment and Order dated 28.9.2001 of the National Consumer Disputes Redressal Commission, New Delhi in R.P.No. 575 of 2000)
(From the Judgment and Order dated 28.9.2001 of the National Consumer Disputes Redressal Commission, New Delhi in R.P.No. 575 of 2000)
Petitioner: Haryana Urban Development Authority
Respondent: Sita Ram
Apeal: Civil Appeal No. 2380 of 2003
(From the Judgment and Order dated 28.9.2001 of the National Consumer Disputes Redressal Commission, New Delhi in R.P.No. 575 of 2000)
(From the Judgment and Order dated 28.9.2001 of the National Consumer Disputes Redressal Commission, New Delhi in R.P.No. 575 of 2000)
Judges: S.N. VARIAVA & ARIJIT PASAYAT, JJ.
Date of Judgment: Oct 08, 2004
Appearances:
Mr. Satinder Singh Gulati, Mrs. Kamaldeep Gulati and Mr. Dr. Kailash Chand Advocates for the Appellants.
Mr. B.D. Sharma and Mr. Ranbir Yadav, Advocates for the Respondent.
Mr. B.D. Sharma and Mr. Ranbir Yadav, Advocates for the Respondent.
Head Note:
CONSUMER PROTECTION
Deficiency in services – Housing Boards/Development Authorities – Allotment of flats /plots to applicants – Allotment of plot in 1982 – Possession offered only in 2003 – Claim for Interest on amount deposited by the applicant for the period beginning from the expiry of two years from the date of deposit – District Forum granting 15 per cent interest – State Commission upholding the same – National Commission however enhancing the interest to 18 per cent – Validity. Held that the order of National Commission is not maintainable for reasons set out in Ghaziabad Development Authority v. Balbir Singh (JT 2004 (5) SC 17). On facts order of District Commission awarding 15 per cent interest maintained. Decision not to be taken as a precedent. (Paras 6, 7 and 8)
Deficiency in services – Housing Boards/Development Authorities – Allotment of flats /plots to applicants – Allotment of plot in 1982 – Possession offered only in 2003 – Claim for Interest on amount deposited by the applicant for the period beginning from the expiry of two years from the date of deposit – District Forum granting 15 per cent interest – State Commission upholding the same – National Commission however enhancing the interest to 18 per cent – Validity. Held that the order of National Commission is not maintainable for reasons set out in Ghaziabad Development Authority v. Balbir Singh (JT 2004 (5) SC 17). On facts order of District Commission awarding 15 per cent interest maintained. Decision not to be taken as a precedent. (Paras 6, 7 and 8)
Cases Reffered:
1. Ghaziabad Development Authority v. Balbir Singh (JT 2004 (5) SC 17) (Para 1)
JUDGEMENT:
S. N. VARIAVA, J.
1. 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 v. Balbir Singh1, 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.
2. 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.
3. In this case the respondent was allotted a plot bearing No. R-53, Sector M.T. Ratia, District Hisar vide letter no. 4775 dated 21st March, 1982. The respondent paid all dues but was not offered possession.
4. On these facts, the District Forum directed payment of interest @ 15% on deposited amount after the expiry of two years from the date of deposit. It further held that the amount of penalty charged, if any, would be adjusted in the remaining installments.
5. The State Forum found no case for interference and dismissed the appeal. The respondent did not go in revision before the National Commission. The appellants went in revision before the National Commission. The National Commission has increased the rate of interest to 18% p.a.
6. For reasons set out in the judgment in the case of Ghaziabad Development Authority v. Balbir Singh (supra), the order of the National Commission cannot be sustained and is hereby set aside. As stated above, the relevant papers regarding the claim made, the affidavits filed, the evidence submitted before the District Forum are not produced before this Court. In this case, the allotment was made in 1982 and the possession offered and taken in 2003. Interest amount has also been paid. On these facts, we maintain the order of the District Forum.
7. However, a complaint is made that the appellants are not executing the sale deed and are not giving permission to construct. We, therefore, direct the appellants to execute the sale deed and to give permission to construct without claiming any amounts whatsoever, except registration charges, from the respondent. The same is to be done within one month from today.
8. 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 v. Balbir Singh (supra) in future cases.
9. This appeal is disposed of accordingly. There will be no order as to costs.
1. 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 v. Balbir Singh1, 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.
2. 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.
3. In this case the respondent was allotted a plot bearing No. R-53, Sector M.T. Ratia, District Hisar vide letter no. 4775 dated 21st March, 1982. The respondent paid all dues but was not offered possession.
4. On these facts, the District Forum directed payment of interest @ 15% on deposited amount after the expiry of two years from the date of deposit. It further held that the amount of penalty charged, if any, would be adjusted in the remaining installments.
5. The State Forum found no case for interference and dismissed the appeal. The respondent did not go in revision before the National Commission. The appellants went in revision before the National Commission. The National Commission has increased the rate of interest to 18% p.a.
6. For reasons set out in the judgment in the case of Ghaziabad Development Authority v. Balbir Singh (supra), the order of the National Commission cannot be sustained and is hereby set aside. As stated above, the relevant papers regarding the claim made, the affidavits filed, the evidence submitted before the District Forum are not produced before this Court. In this case, the allotment was made in 1982 and the possession offered and taken in 2003. Interest amount has also been paid. On these facts, we maintain the order of the District Forum.
7. However, a complaint is made that the appellants are not executing the sale deed and are not giving permission to construct. We, therefore, direct the appellants to execute the sale deed and to give permission to construct without claiming any amounts whatsoever, except registration charges, from the respondent. The same is to be done within one month from today.
8. 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 v. Balbir Singh (supra) in future cases.
9. This appeal is disposed of accordingly. There will be no order as to costs.
