PRASHANT KUMAR SHARI versus GHAZIABAD DEVELOPMENT AUTHORITY

PRASHANT KUMAR SHARI versus GHAZIABAD DEVELOPMENT AUTHORITY

Having failed to perform his part of the contract, the appellant cannot claim exemption from payment of interest; the respondent Authority was justified in demanding the balance amount with penal interest as per agreed terms. No unfair trade practice is made out against the Authority.

Parties
Appellant: Prashant Kumar Shari; Respondent: Ghaziabad Development Authority
Jurisdiction
India
Judgment Date
03 April 2000
Procedural Posture
Civil Appeal / Appeal From MRTP Commission Order
Outcome
Appeal dismissed
Legal Topics
Unfair Trade Practice, Allotment of Plot, Interest on Balance Payment
Urban Development Consumer Protection Unfair Trade Practice Allotment of Plot Interest on Balance Payment

Case Brief

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Parties

Prashant Kumar Shari

Appellant

Ghaziabad Development Authority

Respondent

Procedural Posture

Civil Appeal / Appeal From MRTP Commission Order

Legal Issues

  1. 1 Whether the respondent indulged in unfair trade practices as alleged.
  2. 2 Whether penal interest can be charged prior to 30.5.1995 if delay in possession delivery is attributed to the respondent.

Ratio Decidendi

Having failed to perform his part of the contract, the appellant cannot claim exemption from payment of interest; the respondent Authority was justified in demanding the balance amount with penal interest as per agreed terms. No unfair trade practice is made out against the Authority.

Court Disposition

Appeal dismissed

Orders

  • Appellant is held liable to pay the amount demanded before delivery of possession of the plot.
  • No costs awarded.