VidhiSangh

Supreme Court of India · 04/06/2025

GREATER MOHALI AREA DEVELOPMENT AUTHORITY (GMADA) THROUGH ITS ESTATE OFFICER (H) versus ANUPAM GARG ETC.

[2025] 7 S.C.R. 380 · 2025 INSC 808

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Summary

The Supreme Court held that, where allottees withdrew from a delayed GMADA housing scheme and were awarded refund of the entire deposit with 8% compound interest as stipulated in the Letter of Intent, the consumer fora could not additionally direct GMADA to pay the interest the allottees had paid to their banks on home loans. The interest awarded on the deposit is itself the compensation for deprivation of the investment; the loan interest could at most be a factor in computing compensation, not a separate head.

Issues

  1. Whether the State Commission and the NCDRC could direct GMADA to pay, in addition to refund of the deposit with 8% compound interest, the interest paid by the complainants to their banks on loans taken to fund the flat purchase.

Held

Result

Appeals allowed to the extent of the limited notice: the direction to pay the interest charged by the banks on the respondents' loans is set aside; refund with 8% compound interest, compensation for mental harassment and litigation costs stand. GMADA need make no further deposit; the amount deposited before the State Commission to be disbursed to the respondents. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 380.