Supreme Court of India · 2004-07-28
Haryana Urban Development Authority vs Darsh Kumar, Etc. Etc
- Citation / case number
- AIRONLINE 2004 SC 199
- Court
- Supreme Court of India
- Petitioner
- Haryana Urban Development Authority
- Respondent
- Darsh Kumar, Etc. Etc
- 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 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 or harassment must be based on a finding of loss or injury, and the Consumer Forums must determine deficiency in service or misfeasance in public office. The Court upheld the District Forum's directive to offer alternate plots at the original price where possession could not be delivered, and clarified that interest should not be awarded if possession is given at the old rate, as it benefits the party from land price escalation.