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ARIJIT PASAYAT, S.N.VARIAVA
GHAZIABAD DEVELOPMENT AUTHORITY – Appellant
Versus
R. B. SHARMA – Respondent


Counsel for the Parties :
For the Appellant :Ms. Reena Singh, Mr. T. Mahipal and Mr. Ashok K. Srivastava Advocates.
For the Respondent: In Person

JUDGMENT

S.N. Variava, J.—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 Consumer Disputes Redressal Commission, granting to complainants, interest at the rate of 18% per annum irrespective of the fact of each case. This Court has, in the case of Ghaziabad Development Authority v. Balbir Singh reported in II (2004) CPJ 12 (SC)=(2004) 5 SCC 65, deprecated this practice. This Court has held that interest at the rate of 18% cannot be granted in all cases irrespective of the facts of the case. This Court has held that the Consumer Forums could grant damages/compensation for mental agony/harassment where it finds misfeasance in public office. This Court has held that such compensation is a recompense for the loss or injury and it necessarily has to be based on a finding of loss or injury and must co-relate with the amount of loss or injury. This Court has held that the Forum or the Commission 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 do











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