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august 2004

Supreme Court of India · 2004-08-31

H.U.D.A. vs AMARJIT KAUR

Citation / case number
SC 2003/11606
Court
Supreme Court of India
Petitioner
H.U.D.A.
Respondent
AMARJIT KAUR
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, emphasizing that each case must be evaluated based on its specific facts, as established in Ghaziabad Development Authority vs. Balbir Singh (2004) 5 SCC 65. The Court directed that the Respondent is entitled to possession of the plot without additional claims and that interest at the rate of 12% is sufficient, while also ordering the payment of TDS with interest. The judgment clarifies that it should not serve as a precedent for other cases, reinforcing the need for individualized assessments in consumer disputes.

H.U.D.A. vs AMARJIT KAUR · Niyam