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.