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july 2004

Supreme Court of India · 2004-07-28

Haryana Urban Development Authority & ... vs S. P. Gupta

Citation / case number
AIR 2004 SUPREME COURT 4085
Court
Supreme Court of India
Petitioner
Haryana Urban Development Authority & ...
Respondent
S. P. Gupta
Author
S. N. Variava
Bench
S. N. Variava, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that interest at a uniform rate of 18% per annum cannot be granted in all consumer cases, emphasizing that compensation must correlate with actual loss or injury as established under the Consumer Protection Act. The Court reiterated that consumer forums must determine deficiency in service or misfeasance in public office before awarding damages. The National Commission's order increasing interest to 18% was set aside, and the District Forum's awards for compensation and interest were upheld, with the Court providing guidelines for future cases.

Haryana Urban Development Authority & ... vs S. P. Gupta · Niyam