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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 7173 of 2002

PETITIONER:

Ghaziabad Development Authority

RESPONDENT:

Balbir Singh

DATE OF JUDGMENT: 03/12/2004

BENCH:

H.K. SEMA & TARUN CHATTERJEE

JUDGMENT:

J U D G M E N T

O R D E R

Heard the parties.

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 Singh (2004) 5 SCC 65:

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."

This Court after threadbare consideration of the submissions in Balbir

Singh’s case (supra) in