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2004 DIGILAW 1014 (SC)

Haryana Urban Development Authority v. NEELAM SHARMA

2004-08-18

G.P.MATHUR, S.N.VARIAVA

body2004
ORDER 1. The respondent who is appearing in person is absent even though served. 2. In this case the allotment was made on 29-8-1991 but possession was not delivered. Therefore, the respondent vide letter dated 7-10-1996 surrendered the plot and asked for refund. As the amount was not paid the respondent filed a complaint with the District Forum. Pending that complaint, a sum of Rs 84,047 was refunded on 11-12-1997, The District Forum held, in our view correctly, that where the fault was of the appellants in not delivering possession they were bound to refund the entire amount without making any deduction. The District Forum directed refund of the balance amount of Rs 16,105 along with interest thereon @ 18% p.a. from the date of deduction till repayment. 3. Both the appel1ants and the respondent went in appeal to the State Forum. The State Forum dismissed the appeal of the appellants. In the appeal of the respondent the State Forum directed payment of interest at 18% p.a. on al1 the amounts deposited till the date of refund of these amounts. 4. The appellants then filed an appeal to the National Consumer Disputes Redressal Commission which has been disposed of in terms of the judgment in Darsh Kumar case1. 5. We have in our judgment in the case of Ghaziabad Development Authority v. Balbir Singh2 held that in case the amounts have to be refunded, the Interest Act would apply. In our view, in these matters as it is not possible for us to ascertain what was the prevailing rate of interest, we have been directing payment of interest @ 12% p.a. from the date the amounts were deposited till repayment. 6. We are told that interest @ 12% p.a. has been paid. We accept that statement. We direct that no further amount will be payable by the appellants to the respondent. 7. The appeal stands disposed of accordingly. There shall be no order as to costs. 8. We are told that interest at the rate of 12% has been paid on 24-3-2000. It is not clear whether whilst paying interest, any TDS has been deducted. In our view, interest at the rate of 12% is sufficient in a case like this and, a therefore, nothing further needs to be paid. 8. We are told that interest at the rate of 12% has been paid on 24-3-2000. It is not clear whether whilst paying interest, any TDS has been deducted. In our view, interest at the rate of 12% is sufficient in a case like this and, a 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. 9. 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 b case. The Forum/Commission will follow the principles laid down by this Court in the case of Ghaziabad Development Authority v. Balbir Singh1 in future cases. 10. With the above directions, the appeal stands disposed of. There will be no order as to costs.