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september 2004

Supreme Court of India · 2004-09-24

Haryana Urban Development Authority vs Saurabh Aggarwal

Citation / case number
2004 AIR SCW 5863
Court
Supreme Court of India
Petitioner
Haryana Urban Development Authority
Respondent
Saurabh Aggarwal
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 without considering the specific facts, as established in Ghaziabad Development Authority vs. Balbir Singh (2004) 5 SCC 65. The Court emphasized that compensation for mental agony or harassment must correlate with actual loss or injury and that consumer forums must determine deficiency in service or misfeasance in public office before awarding damages. The National Commission's order was set aside for failing to apply these principles, and the appellants were directed to deliver possession of the plot to the respondent.

Haryana Urban Development Authority vs Saurabh Aggarwal · Niyam