AIR 2004 SUPREME COURT 4471 ::2004 AIR SCW 5132 ::(2004) 6 Supreme 223 ::2004 (5) SLT 224 ::2005 (9) SCC 477 ::2004 (7) Scale 43 ::2004 (3) CPR 100 ::2004 (3) CPJ 17 ::2004 (6) Supreme 223 ::(2004) 22 AllIndCas 452 (SC) ::2004 (22) AllIndCas 452 ::(2005) 1 CurLJ(CCR) 487 ::2004 (8) SRJ 89 ::(2004) 6 JT 551 (SC)

Supreme Court Of India

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

(A) Consumer Protection Act (68 of 1986) , S.2(1)(g)— Misfeasance in public office and/or deficiency in service - Award of compensation by way of interest - Deduction of TDS - Permissibility - Allotment of plot by Development Authority - Possession not delivered despite deposit of entire amount - Possession delivered during pendency of complaint before District Forum - Considering belated delivery of possession, District Forum awarded 18% interest by way of compensation - Held, no amount can be deducted by way of TDS. (Para 4 5) (B) Consumer Protection Act (68 of 1986) , S.2(1)(g)— Misfeasance in public office and/or deficiency in service - Award of compensation by way of interest - Interest cannot be granted at rate of 18% irrespective of facts of case - Belated delivery of possession of plot by Development Authority - Grant of interest at rate of 18% as compensation by Consumer Forum - Considering fact that Development Authority had already paid interest at rate of 18%, it cannot claim refund in view of decision of Supreme Court in AIR 2004 SC 2141. (Para 5) .....