ORDER

1. Heard the parties.

2. This appeal is directed against the judgment and award passed by the National Consumer Disputes Redressal Commission (in short "the Commission") awarding interest @ 18% per annum. In view of the order that we propose to pass, necessary facts leading to the filing of the present appeal are obviated. In fact, the appellant has deposited/paid the entire amount of 18% interest and in that view of the matter the appeal is virtually rendered infructuous in view of the order rendered by this Court in Ghaziabad Development Authority v. Balbir Singh1: (SCC p. 86, para 24)

"24. We clarify that in all cases where interest has already been paid @ 18% irrespective of the above order, the Authority will not be entitled to call upon the party to refund the amount which has already been paid."

3. This Court after threadbare consideration of the submissions in Balbir Singh case1 mentioned in paras 8, 9, 22 and 23, by way of illustrations, as to under what circumstances interest @ 18% would be justifiable: (SCC pp. 80-81 & 86)

"8. However, the power and duty to award compensation does not mean that irrespective of facts of the case compensation can be awarded in all matters at a uniform rate of 18% per annum. As seen above, what is being awarded is compensation i.e. a recompense for the loss or injury. It g therefore necessarily has to be based on a finding of loss or injury and has to correlate with the amount of loss or injury. Thus the Forum or the Commission must determine that there has been deficiency in service and/or misfeasance in public office which has resulted in loss or injury. No hard-and-fast rule can be laid down, however, a few examples would be where an allotment is made, price is received/paid but possession is not given within the period set out in the brochure. The Commission/Forum would then need to determine the loss. Loss could be determined on basis of loss of rent which could have been earned if possession was given and the premises let out or if the consumer has had to stay in rented premises then on basis of rent actually paid by him. Along with recompensing the loss the Commission/Forum may also compensate for harassment/injury, both mental and physical. Similarly, compensation can be given if after allotment is made there has been cancellation of scheme without any justifiable cause.

9. That compensation cannot be uniform and can best be illustrated by considering cases where possession is being directed to be delivered and cases where only monies are directed to be returned. In cases where possession is being directed to be delivered the compensation for harassment will necessarily have to be less because in a way that party is being compensated by increase in the value of the property he is getting. But in cases where monies are being simply returned then the party is suffering a loss inasmuch as he had deposited the money in the hope of getting a flat/plot. He is being deprived of that flat/plot. He has been deprived of the benefit of escalation of the price of that flat/plot. Therefore the compensation in such cases would necessarily have to be higher. Further if the construction is not of good quality or not complete, the compensation would be the cost of putting it in good shape or completing it along with some compensation for harassment. Similarly, if at the time of giving possession a higher price or other amounts are collected unjustifiably and without there being any provision for the same the direction would be to refund it with a reasonable rate of interest. If possession is refused or not given because the consumer has refused to pay the amount, then on the finding that the demand was unjustified the consumer can be compensated for harassment and a direction to deliver possession can be given. If a party who has paid the amount is told by the Authority that they are not in a position to ascertain whether he has paid the amount and that party is made to run from pillar to