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november 2004

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.

HUDA vs BABESWAR KANHAR · Niyam