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2004 (8) TMI 691

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..... ziabad Development Authority vs. Balbir Singh (2004 (3) TMI 753 - SUPREME COURT) no refund can be claimed?
S. N. VARIAVA & ARIJIT PASAYAT, JJ JUDGMENT: S. N. VARIAVA, J. Leave granted. Delay condoned. 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 Consum .....

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..... 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. This Court is now taking up the cases before it for disposal as per principles set out in earlier judgment. On taking the cases we find tha .....

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..... future. It held that the Respondent could not wait indefinitely. It therefore directed for refund of all amounts paid with interest thereon at the rate of 18% per annum to be calculated from the date of payment till the date of actual refund. The Appeal filed by the Appellants was dismissed by the State Forum on 15th September, 1997. The National Commission disposed off the Revision filed by .....

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..... the National Commission in its earlier Judgments and even by this Court, these are cases where amounts are being directed to be paid as compensation for mental harassment and agony and for failure of public duty. In such cases there is no question of deduction of TDS. If TDS has been deducted the Appellants shall, within two weeks from today, forward to the Respondent the amount of TDS deducted a .....

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