TMI Blog2004 (9) TMI 696X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 down certain other guidelines, which the Forum or the Commission has to follow in future cases. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it comes to the conclusion that such award is justified/necessary. Accordingly the Order of the National Commission is set aside. 5. We are informed that the Appellants have offered possession on 22nd July 1997. Respondent has taken possession on 3rd May 2000. 6. We are informed that the Respondent has paid a sum of ₹ 97,686.85. We however find from the copy of the allotment letter, filed in this Court along with the affidavit of the Estate Officer dated 29th July 2004, that only a sum of ₹ 84,495.60 was payable. As per the affidavit interest payable to the Respondent, as per the Orders mentioned hereinabove, is supposed to have been adjusted against alleged outstanding dues and a sum of ₹ 57,312/- has been paid to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... installment will fall due after the expiry of one year of the date of issue of this letter. Each installment would be recoverable together with interest on the balance price at 10% interest on the remaining amount. The interest shall, however accrue from the date of offer of possession. Thus, interest could only have been charged from date of offer of possession. 8. As we are unable to understand and Counsel has no instructions to be able to explain why extra payments has been collected and what adjustments are purported to have been made, we direct that Appellants shall now recalculate in the manner set out hereunder. In this case, Appellants must pay interest at 15% from date of each deposit till date of payment. They will not ch ..... X X X X Extracts X X X X X X X X Extracts X X X X
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