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.