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august 2004

Supreme Court of India · 2004-08-31

H.U.D.A. vs RAJ KUMAR RATHI

Citation / case number
SC 2003/15334
Court
Supreme Court of India
Petitioner
H.U.D.A.
Respondent
RAJ KUMAR RATHI
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 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 that the Consumer Forums must determine deficiency in service or misfeasance in public office. The Court upheld the District Forum's order granting interest at 10% and directed the delivery of an alternate plot at the original price, dismissing the appeal without costs.

H.U.D.A. vs RAJ KUMAR RATHI · Niyam