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august 2004

Supreme Court of India · 2004-08-10

H.U.D.A. vs SHAKUNTALA DEVI

Citation / case number
SC 2003/5418
Court
Supreme Court of India
Petitioner
H.U.D.A.
Respondent
SHAKUNTALA DEVI
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 compensation must correlate with actual loss or injury as established in Ghaziabad Development Authority vs. Balbir Singh (2004) 5 SCC 65. The Court restored the State Forum's order, which allowed interest at 15% after two years from the date of deposit and awarded Rs. 5,000 for mental harassment. The National Commission's order granting 18% interest was set aside, affirming the need for a case-specific approach to damages.

H.U.D.A. vs SHAKUNTALA DEVI · Niyam