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2004 DIGILAW 996 (SC)

GHAZIABAD DEVELOPMENT AUTHORITY v. VIRENDRA DUTT BHARADWAJ

2004-08-17

G.P.MATHUR, S.N.VARIAVA

body2004
ORDER 1. This appeal has been filed by the Ghaziabad Development Authority against the order of the National Consumer Disputes Redressal Commission, New Delhi whereby following the judgment in HUDA v. Darsh Kumar the National Commission has increased the rate of interest from 14% to 18%. 2. It is admitted that possession has been given and taken by the respondent on 27-7-1998. We have in our judgment in Ghaziabad Development Authority v. Balbir Singh 1 set out that cases where possession has already been given, interest at the rate of 18% should not have been awarded. We have also held that where interest has been paid, it cannot be recovered back. 3. In this case we are told that interest at the rate of 14% has been deposited before the District Forum. It is, however, contended that a sum of Rs 80,631 is payable by the respondent. The respondent denies that anything is payable by him. As possession is given the respondents case appears more probable. This is particularly so as the appellant could explain to us how this sum is allegedly due. As per the order of the District Forum possession was to be given after collecting the amount. 4. On behalf of the respondent it is stated that while taking possession, a sum of Rs 2,83,639 was paid as per details set out at p. 138 of the paper-book. The respondent on the contrary claims that amount as directed by the National Commission has not been paid and that even interest as per the order of the District Forum has not been paid. 5. After the matter was argued, time was sought by the learned counsel on behalf of the appellant to inform the Court as to how a sum of Rs 80,631 is being claimed by the Ghaziabad Development Authority. In our view, once the matter is argued, there is no question of granting any time. The appellant should have been ready before arguments were started. This matter has been adjourned on a number of occasions to enable the parties to get ready. In our view, considering the fact that interest at the rate of 14% has already been deposited, we restore the order of the District Forum and pass no further order on this appeal. 6. This matter has been adjourned on a number of occasions to enable the parties to get ready. In our view, considering the fact that interest at the rate of 14% has already been deposited, we restore the order of the District Forum and pass no further order on this appeal. 6. We clarify that if the interest at the rate of 14% has not been deposited, the same shall be paid over to the respondent. If it has been deposited, the respondent will be at liberty to withdraw the same. The appeal stands disposed of accordingly.