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january 2009

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.

SECRETARY, BHUBANESWAR DEVELOPMENT AUTH. vs SUSANTA KUMAR MISHRA · Niyam