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august 2004

Supreme Court of India · 2004-08-10

H.U.D.A. vs K.C. KAD

Citation / case number
SC 2003/2716
Court
Supreme Court of India
Petitioner
H.U.D.A.
Respondent
K.C. KAD
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 all cases, emphasizing the need for a factual basis for such awards as established in Ghaziabad Development Authority vs. Balbir Singh (2004) 5 SCC 65. The Court set aside the National Commission's order that increased the interest rate to 18%, reiterating that compensation for mental agony and harassment must correlate with proven loss or injury. The Court directed the District Forum to calculate the increase in construction costs and ensure compensation is awarded accordingly.

H.U.D.A. vs K.C. KAD · Niyam