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july 2004

Supreme Court of India · 2004-07-28

HARYANA URBAN DEV. AUTHORITY vs DARSH KUMAR

Citation / case number
SC 2002/486
Court
Supreme Court of India
Petitioner
HARYANA URBAN DEV. AUTHORITY
Respondent
DARSH KUMAR
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 mandated that when a development authority fails to deliver possession of an allotted plot, it must offer an alternate plot at the original price. The National Consumer Disputes Redressal Commission's order increasing interest to 18% was set aside due to lack of evidence supporting such a rate.

HARYANA URBAN DEV. AUTHORITY vs DARSH KUMAR · Niyam