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july 2004

Supreme Court of India · 2004-07-28

HARYANA URBAN DEVELOPMENT AUTHORITY vs SUMAN BANSAL

Citation / case number
SC 2002/13248
Court
Supreme Court of India
Petitioner
HARYANA URBAN DEVELOPMENT AUTHORITY
Respondent
SUMAN BANSAL
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 be based on actual loss or injury as established in Ghaziabad Development Authority vs. Balbir Singh (2004) 5 SCC 65. The Court found that the National Commission's increase of interest was unsustainable due to lack of evidence and that the District Forum's award of 15% interest was appropriate given the circumstances. The Court also noted the inadequacy of compensation for mental agony and suggested future awards should consider escalation in construction costs.

HARYANA URBAN DEVELOPMENT AUTHORITY vs SUMAN BANSAL · Niyam