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august 2004

Supreme Court of India · 2004-08-31

Haryana Urban Development Authority vs Dev Dutt Gandhi

Citation / case number
AIR 2004 SUPREME COURT 4498
Court
Supreme Court of India
Petitioner
Haryana Urban Development Authority
Respondent
Dev Dutt Gandhi
Author
S. N. Variava
Bench
S. N. Variava, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that interest at the rate of 18% per annum cannot be uniformly granted in consumer cases without considering the specific facts, as established in Ghaziabad Development Authority vs. Balbir Singh (2004) 5 SCC 65. The Court emphasized that compensation for mental agony must correlate with actual loss or injury and must be based on a finding of deficiency in service or misfeasance in public office. The appeal was dismissed, affirming the National Commission's order for refund of amounts paid with interest, while clarifying that TDS deductions do not apply in such compensation cases.

Haryana Urban Development Authority vs Dev Dutt Gandhi · Niyam