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august 2004

Supreme Court of India · 2004-08-10

HARYANA URBAN DEVELOPMENT AUTHORITY vs NIRMAL MITTAL

Citation / case number
SC 2002/18260
Court
Supreme Court of India
Petitioner
HARYANA URBAN DEVELOPMENT AUTHORITY
Respondent
NIRMAL MITTAL
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, 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 National Commission's order increasing the interest rate to 18% was set aside, and the Court indicated that interest at 10% would be sufficient in such cases.

HARYANA URBAN DEVELOPMENT AUTHORITY vs NIRMAL MITTAL · Niyam