2004 AIR SCW 4520 ::(2004) 21 IndLD 292 ::(2004) 2 CLR 315 (SC) ::2005 (9) SCC 436 ::(2004) 6 Scale 313 ::(2004) 56 All LR 767 ::2004 BLJR 3 1773 ::(2004) 2 CPR 78 ::(2004) 3 CPJ 6 ::(2005) 1 LandLR 39 ::(2004) 5 Supreme 656 ::(2004) 21 AllIndCas 918 (SC) ::(2004) 6 JT 102 (SC)

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): S. N. Variava, Arijit Pasayat , JJ

Consumer Protection Act (68 of 1986) , S.14(d), S.22— Interest - Award of, as compensation - Rate @ 18% p.a. - Validity - Respondent was allotted flat in Scheme by Development Authority - Possession was not given, though all dues were paid - On complaint lodged, District Forum directed Development Authority to give possession and awarded interest @ 15% - No compensation allowed for mental agony - National Commission allowed interest @ 18% - Cannot be sustained in facts of case in view of earlier decision of Supreme Court in (Ghaziabad Development Authority v. Balbir Singh) 2004 AIR SCW 2362, AIR 2004 SC 2141, 2004 All LJ 1500 - Possession was given to complainant in meantime in 1995 - Thus no interest should have been awarded - But considering fact that respondent had suffered loss, mental agony and harassment in meantime, no interference in grant of interest @ 15% p.a. Ghaziabad Development Authority v. Balbir Singh, 2004 AIR SCW 2362 : AIR 2004 SC 2141 : 2004 All LJ 1500, Ref. to. (Para 6) .....