Haryana Urban Development Authority v. RAJESH JINDAL
2004-12-01
D.M.DHARMADHIKARI, H.K.SEMA
body2004
DigiLaw.ai
ORDER 1. Leave granted. 2. The State Commission awarded interest at the rate of 18% after 2 years from the date of the allotment till possession of the plots is offered. The National Commission, in appeal, however, granted interest at a flat rate of 18% per annum from the date of deposit. It is against the award of the National Forum that this appeal has been preferred. 3. Learned counsel appearing for the Authority states that interest at the rate of 18% awarded by the State Commission has been paid. An affidavit to that effect has also been filed. The learned counsel states that anything outstanding shall be paid. 4. The respondent has been served but he is not represented. Reliance has been placed on the decision of this Court in the case of Ghaziabad Development Authority v. Balbir Singh1. In the case of Balbir Singh1 this Court has not approved the flat rate of 18% interest awarded by the National Forum in each and every case, relying on its own decision in the case of Darsh Kumar. 5. Relying on the decision in Balbir Singh1 we allow this appeal, set aside the interest of 18% awarded by the National Forum and confirm the award of the State Forum. If anything is outstanding towards the allottee in terms of the award of the State Forum, that shall be paid. The appeal is a disposed of accordingly. There shall be no order as to costs.