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.