The High Court has directed the amount due and payable to be refunded with interest calculated at the rate of 12 per cent per annum from the date of deposit to the date of refund.
In all the cases under appeal the Court or Commission or Forum companycerned has found the appellant Authority guilty of having unreasonably delayed the accomplishment of the announced scheme or guilty of failure to perform the promise held out to the claimants and therefore directed the amount paid or deposited by the respective claimants to be returned along with interest.
The Authority has from time to time promoted and advertised several schemes for allotment of developed plots for companystruction of apartments and or flats for occupation by the allottees.
In all the other appeals before us the impugned order passed by the Commission or the Forum directs payment of the amount due and payable to the respective claimants with interest at the rate of 18 per cent per annum.
In the cases filed before the High Court of Allahabad there was a term in the brochure issued by the Authority that in the event of the applicant withdrawing its offer or surrendering the same numberinterest whatsoever would be payable to the claimants.
In this batch of appeals, Ghaziabad Development Authority companystituted under Section 4 of the Uttar Pradesh Urban Planning and Development Act, 1973 is the appellant.
The High Court has held such term of the brochure to be unconscionable and arbitrary and hence violative of Article 14 of the Constitution.
In Civil Appeal No.8316 of 1995, G.D.A. Vs.
Brijesh Mehta, the MRTP Commission has held the claimants entitled to an amount of Rs.50,000/ payable as companypensation for mental agony suffered by the claimants for failure of the Authority to make available the plot as promised by it.
