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july 2004

Supreme Court of India · 2004-07-28

HARYANA URBAN DEV. AUTHORITY vs S.P. GUPTA

Citation / case number
SC 2002/63303
Court
Supreme Court of India
Petitioner
HARYANA URBAN DEV. 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 the rate of 18% per annum cannot be uniformly applied in all cases, as established in Ghaziabad Development Authority vs. Balbir Singh (2004) 5 SCC 65. The Court emphasized that compensation for mental agony and harassment must correlate with actual loss or injury, and that the Consumer Forums must determine deficiency in service or misfeasance in public office. The National Commission's order increasing the interest rate to 18% was set aside, and the District Forum's awards for compensation and interest were upheld.

HARYANA URBAN DEV. AUTHORITY vs S.P. GUPTA · Niyam