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august 2004

Supreme Court of India · 2004-08-31

H.U.D.A. vs DEV DUTT GANDHI

Citation / case number
SC 2003/8396
Court
Supreme Court of India
Petitioner
H.U.D.A.
Respondent
DEV DUTT GANDHI
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 by Consumer Forums, 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 must be based on a finding of deficiency in service or misfeasance in public office. The Court upheld the National Commission's order for refund of amounts paid to the Respondent, affirming that no further interest could be claimed due to prior payments made.

H.U.D.A. vs DEV DUTT GANDHI · Niyam