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CHANDRA KUMAR RAI
Uttar Pradesh Avas Evam Vikas Parishad – Appellant
Versus
State Consumer Disputes Redressal Commission – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Sri Nipun Singh, learned Counsel for the petitioners and Sri Bal Mukund, respondent no.3 (practicing Advocate of this Court) in person.
2. Brief facts of the case are that respondent no.3 applied for registration in MIG 45/75 type house under Dev Prayagam Scheme of U.P. Awas Evam Vikas Parishad, Allahabad and deposited Rs.20,000/-as registration amount. In the lottery draw held on 23.02.2005, respondent no.3 was allotted house No.A-110 by the Awas Evam Vikas Parishad. An allotment letter dated 30.07.2005 was issued to respondent no.3 imposing condition that respondent no.3 shall deposit Rs.1,92,956/- upto 31.08.2005 and remaining amount of Rs.2,63,300/-along with interest at the rate of 13% was to be deposited in 120 monthly installments. Respondent no.3 applied for no objection certificate for taking loan from the Bank on the said house allotted to him accordingly, on 30.08.2005, no objection certificate was issued in favour of respondent no.3. After taking the loan from the bank, Respondent no.3 deposited an amount of Rs.4,52,325/- with the petitioners. Respondent no.3 had submitted an application before the petitioner no.2 for execution of
Interest is payable only on the principal sum and not on the interest part of the award, unless specifically provided by statute or contract.
The main legal point established in the judgment is that interest ceases to run on the amount paid to the decree holder upon withdrawal, and the judgment debtor is not liable to pay interest on the a....
Interest ceased to run on the deposited amount after the dismissal of FAO No. 284/2005 on 04.12.2008.
Provisions of Order XXI of CPC are applicable to decrees of civil court – They embody a sound policy principle that if amount is deposited or paid to decree holder or person entitled to it, person en....
Restitution principles require balancing the detriment suffered by one party against the benefits gained by the other, particularly in awarding interest on deposits subject to withdrawal conditions.
Flat Buyer’s Agreement – Denial of timely possession despite substantial payment – Payment of interest on refund of principal amount is necessary.
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