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july 2004

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.

Haryana Urban Development Authority vs Darsh Kumar, Etc. Etc · Niyam