BIHAR STATE HOUSING BOARD versus ARUN DAKSHY

BIHAR STATE HOUSING BOARD versus ARUN DAKSHY

Interest awarded beyond the statutory regulation is unsustainable; respondent is entitled only to interest at 5% as regulated by Regulation 45.

Parties
Appellant: Bihar State Housing Board; Respondent: Arun Dakshy
Jurisdiction
India
Judgment Date
23 August 2005
Procedural Posture
Civil Appeal / Decision on Appeal From National Consumer Disputes Redressal Commission
Outcome
appeal allowed
Legal Topics
Interest on Refund, Statutory Regulation, Compensation
Consumer Protection Interest on Refund Statutory Regulation Compensation

Case Brief

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Parties

Bihar State Housing Board

Appellant

Arun Dakshy

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From National Consumer Disputes Redressal Commission

Legal Issues

  1. 1 whether the National Consumer Commission was right in awarding interest at 18% on refund of earnest money contrary to Regulation 45 of Bihar State Housing Board Regulations, 1983

Ratio Decidendi

Interest awarded beyond the statutory regulation is unsustainable; respondent is entitled only to interest at 5% as regulated by Regulation 45.

Court Disposition

appeal allowed

Orders

  • impugned orders set aside
  • respondent entitled to interest at 5% as envisaged under Regulation 45