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september 2004

Supreme Court of India · 2004-09-24

Haryana Urban Development Authority vs Shanti Devi

Citation / case number
2004 AIR SCW 5743
Court
Supreme Court of India
Petitioner
Haryana Urban Development Authority
Respondent
Shanti Devi
Author
S. N. Variava
Bench
S.N. Variava, A.K. Mathur

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 under the Consumer Protection Act. The Court set aside the National Commission's order that allowed such interest without considering the specific facts of each case, reiterating that consumer forums must assess deficiency in service or misfeasance in public office before awarding damages. The Court directed that the Respondent is entitled to possession of the allotted plot and any excess payment made should be addressed accordingly.

Haryana Urban Development Authority vs Shanti Devi · Niyam