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august 2004

Supreme Court of India · 2004-08-18

GHAZIABAD DEVELOPMENT AUTHORITY vs R.B. SHARMA

Citation / case number
SC 2002/23157
Court
Supreme Court of India
Petitioner
GHAZIABAD DEVELOPMENT AUTHORITY
Respondent
R.B. SHARMA
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 all cases, emphasizing that compensation for mental agony must correlate with actual loss or injury as established in Ghaziabad Development Authority vs. Balbir Singh (2004) 5 SCC 65. The Court affirmed the District Forum's decision to refund the entire amount paid by the Respondent without deductions, as the Appellants failed to deliver possession on time. The Court ordered the Appellants to pay the balance interest at 18% from the date of deposit until payment, clarifying that this ruling is not a precedent for future cases.

GHAZIABAD DEVELOPMENT AUTHORITY vs R.B. SHARMA · Niyam