GHAZIABAD DEVELOPMENT AUTHORITY Vs. BALBIR SINGH
LAWS(SC)-2004-3-53
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on March 17,2004

GHAZIABAD DEVELOPMENT AUTHORITY Appellant
VERSUS
BALBIR SINGH Respondents

JUDGEMENT

- (1.) In this batch of matters the question is whether grant of interest at the rate of 18% per annum by the Consumer Forums in all cases is justifiable. As facts are varying, at this stage, this Court is only dealing with the question of law. Thereafter this Court shall take up each case separately.
(2.) The National Consumer Disputes Redressal Commission considered a bunch of matters, the lead matter being the case of Haryana Urban Development Authority v. Darsh Kumar. The Commission held, in those cases, that in cases, of decision of service by development authorities like HUDA and GDA, interest must be awarded at the rate of 18% per annum and that this would take into consideration the escalation in the cost of construction as well.
(3.) Pursuant to this judgment the National Commission has been disposing of all subsequent matters with a one paragraph order which, for all practical purposes, reads as under :- "We have already taken a view in the case of Haryana Urban Development Authority v. Darsh Kumar (Revision Petition No. 1197 of 1997), where we have upheld the award of interest at the rate of 18% per annum. We have provided for certain period during which the interest would not run. The impugned judgment is modified only to that extent. This Revision Petition is disposed of in terms of our judgment in the case of HUDA v. Darsh Kumar".;


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