HARYANA URBAN DEVELOPMENT AUTHORITY Vs. SOMA DEVI

JUDGEMENT

(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 facts of each case. This Court has, in the case of ghaziabad Development Authority v. Balbir Singh, 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 case:, 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. 93, Sector-15, jagadhri on 23.8.1991. The respondent paid substantial amounts but the possession was not delivered as the plot was under litigation. Thus, the respondent filed a complaint claiming refund of amounts paid. On these facts, the District Forum directed refund with interest on amounts deposited @ 18% p. a. from each date of deposit till its actual payment. It further directed to pay Rs. 5,000/- as compensation on account of harassment and mental agony and awarded Rs. 2,000/- as cost of litigation.