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2004 Supreme(SC) 335

S.N.VARIAVA, H.K.SEMA
Ghaziabad Development Authority – Appellant
Versus
Balbir Singh – Respondent


ORDER

In this batch of matters the question is whether grant of interest at the rate of 18 per annum by the Consumer Forums in all cases is justifiable. As facts are varying, at this stage, this Court is only dealing with the question of law. Thereafter this Court shall take up each case separately.

2. The National Consumer Disputes Redressal Commission considered a bunch of matters, the lead matter being the case of Haryana Urban Development Authority vs. Darsh Kumar. The Commission held, in those cases, that is cases of deficiency of service by development authorities like HUDA and GDA, interest must be awarded at the rate of 18 per annum and that this would take into consideration the escalation in the cost of construction as well.

3. Pursuant to this Judgment the National Commission has been disposing of all subsequent matters with a one paragraph order which, for all practical purposes, reads as under:-

"We have already taken a view in the case of Haryana Urban Development Authority vs. Darsh Kumar [Revision Petition No. 1197 of 1998], where we have upheld the award of interest at the rate of 18 per annum. We have provided for certain period during which the interest would not













































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