Supreme Court of India · 2004-11-22
HUDA vs BABESWAR KANHAR
- Citation / case number
- SC 2004/11533
- Court
- Supreme Court of India
- Petitioner
- HUDA
- Respondent
- BABESWAR KANHAR
- Author
- ARIJIT PASAYAT
- Bench
- S.H. KAPADIA ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the forfeiture of earnest money by the Haryana Urban Development Authority (HUDA) was not justified as the respondent communicated his non-acceptance of the plot allotment within a reasonable time, considering the office closures and postal holidays. The Court emphasized the application of Section 10 of the General Clauses Act, 1897, which allows for acts to be considered timely if performed on the next working day after a holiday. The Court upheld the orders of the lower forums directing HUDA to refund the amount with interest, affirming the consumer's rights under Section 12 of the Consumer Protection Act, 1986.