2004 (8) TMI 691 - SC - Indian Laws

Whether as interest at the rate of 18% has already been paid on the principle laid down by this Court in the case of Ghaziabad Development Authority vs. Balbir Singh (2004 (3) TMI 753 - SUPREME COURT) no refund can be claimed?

Summary

Issues:
1. Granting of interest at the rate of 18% per annum by National Consumer Disputes Redressal Commission.
2. Compensation for mental agony/harassment due to misfeasance in public office.
3. Refund of amounts paid with interest due to failure in delivering possession of allotted plot.
4. Applicability of Interest Act in cases of refund.
5. Deduction of TDS on the refunded amount.
6. Special features of the case affecting the judgment as a precedent.

Analysis:
1. The Supreme Court addressed the issue of granting interest at the rate of 18% per annum by the National Consumer Disputes Redressal Commission, emphasizing that such interest cannot be granted in all cases irrespective of the facts. The Court highlighted the need for a finding of loss or injury correlating with the amount of compensation granted for mental agony or harassment due to misfeasance in public office.

2. The Court examined a case where a respondent was allotted a plot but did not receive possession, leading to a complaint before the District Forum. The District Forum held the appellants at fault for the delay and directed a refund of all amounts paid with interest at 18% per annum. The State Forum and the National Commission upheld this decision based on the failure to deliver possession promptly.

3. Regarding the applicability of the Interest Act in cases of refund, the Court noted that since interest at 18% had already been paid as compensation for mental harassment and public duty failure, no additional refund could be claimed. The Court directed the appellants to forward any TDS deducted on the refunded amount to the respondent along with interest at 12% if applicable.

4. The judgment concluded by stating that the order should not be considered a precedent in other matters due to the special circumstances of the case. The Court instructed future cases to follow the principles established in previous judgments, particularly emphasizing the guidelines set in the case of Ghaziabad Development Authority vs. Balbir Singh regarding the granting of interest and compensation in consumer dispute cases.