Niyam v2 is live — start for just ₹100 — 200 credits to try

july 2004

Supreme Court of India · 2004-07-28

Haryana Urban Development Authority vs Vijay Aggarwal

Citation / case number
AIR 2004 SUPREME COURT 3952
Court
Supreme Court of India
Petitioner
Haryana Urban Development Authority
Respondent
Vijay Aggarwal
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 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 affirmed that if a development authority fails to deliver possession of an allotted plot, it must provide an alternate plot at the original price. The Court also ruled that the National Commission's increase of interest to 18% was unsustainable, and directed that interest should not be awarded when possession is given at the old rate, despite the delay in possession from 1986 to 2002.

Haryana Urban Development Authority vs Vijay Aggarwal · Niyam