9911796707
TMI Blog2005 (8) TMI 719X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 1969(for short 'the Act') along with an application for temporary injunction under Section12-A of the Act wherein the Commission while dismissing the complaints filed bythe respondents directed that the respondents shall not be liable to pay interest onthe amount due during the period of stay granted by the Commission. The facts are taken from CA No.4656/1998: Respondent purchased a booklet No.65240 (being a proposal/invitation)along with application form for registration for purchase of a house under themedium income group 'B'. The estimated cost of the house was to be Rupees fiftythousand only. Appellants allotted the House Number 17E/746 situated inChopasani, Jodhpur, since the consideration of the house was to be fixed on the dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondents, therespondents shall not charge any penal interest from thecomplainants. Thus, the complainants shall pay thebalance amount within 60 days from 1.7.1998 and thefirst instalment of the balance payment will commencefrom 1.9.1998." Aggrieved against the restrained put on the appellants that they would notask for the payment of interest on the amount due from the complainants from1.9.1993 to 30.6.1998 i.e. the period during which the stay grantedby theCommission was in operation, have come up in these appeals. This Court in a number of decisions has repeatedly emphasised that in viewof the legal maxim "actus curiae neminem gravabit" which means that an act of Courtshall prejudice no man, has held that the claimants/allottees who ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt again in para 11 observed as follows: "11...... This Court held expressly that the grant of aninjunction does not relieve the consumers of theirobligation to pay the charges at the enhanced rates and,therefore, the demand for surcharge/interest for suchperiod is not illegal....."In Style (Dress Land) vs. Union Territory, Chandigarh reported in (1999) 7 SCC 89, this Court in Paras 15 & 16 observed as under: "15....It is a settled principle of law that as and when aparty applies and obtains a stay from the court of law, itis always at the risk and responsibility of the partyapplying. Mere passing of an order of stay cannot bepresumed to be the conferment of any additional rightupon the litigating party....." 16. The High Court was, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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