Supreme Court of India · 2009-01-30
SECRETARY, BHUBANESWAR DEVELOPMENT AUTH. vs SUSANTA KUMAR MISHRA
- Citation / case number
- SC 2007/19489
- Court
- Supreme Court of India
- Petitioner
- SECRETARY, BHUBANESWAR DEVELOPMENT AUTH.
- Respondent
- SUSANTA KUMAR MISHRA
- Author
- R.V. RAVEENDRANM. PANCHAL, , ,
- Bench
- R.V. RAVEENDRAN,J.M. PANCHAL, , ,
Judgment text excerpt
The Supreme Court held that the appellant (Bhubaneshwar Development Authority) was entitled to charge interest at the rate of 15% per annum on delayed instalments as per Clause (6) of the lease-cum-sale agreement. The Court found that the respondent's claim of having paid all instalments was not substantiated, as a sum of Rs.57,175/- remained due. The Court upheld the decision of the National Consumer Disputes Redressal Commission, affirming that the appellant's insistence on payment before executing the sale deed was not a deficiency in service under the Consumer Protection Act.