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august 2004

Supreme Court of India · 2004-08-10

Haryana Urban Development Authority vs K. C. Kad

Citation / case number
AIR 2004 SUPREME COURT 4479
Court
Supreme Court of India
Petitioner
Haryana Urban Development Authority
Respondent
K. C. Kad
Author
S. N. Variava
Bench
S. N. Variava, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that interest at the rate of 18% cannot be uniformly granted in consumer cases, emphasizing that compensation must correlate with actual loss or injury as established in Ghaziabad Development Authority vs. Balbir Singh (2004) 5 SCC 65. The Court set aside the National Commission's order increasing interest to 18% and directed the District Forum to calculate compensation for escalation in construction costs and awarded simple interest at 12% for mental agony from the date of deposit until payment. The judgment reinforces the need for consumer forums to assess deficiency in service and misfeasance in public office before awarding damages.

Haryana Urban Development Authority vs K. C. Kad · Niyam