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september 2004

Supreme Court of India · 2004-09-24

Haryana Urban Development Authority vs Kamal Goyal

Citation / case number
2004 AIR SCW 6330
Court
Supreme Court of India
Petitioner
Haryana Urban Development Authority
Respondent
Kamal Goyal
Author
S. N. Variava
Bench
S.N. Variava, A.K. Mathur

Judgment text excerpt

The Supreme Court held that interest at a uniform rate of 18% per annum cannot be granted by Consumer Forums without considering the specific facts of each case, as established in Ghaziabad Development Authority vs. Balbir Singh (2004) 5 SCC 65. The Court emphasized that compensation for mental agony or harassment must be based on a finding of loss or injury, and that Consumer Forums must determine deficiency in service or misfeasance in public office before awarding damages. The Court set aside the National Commission's order that indiscriminately awarded interest, reinforcing the need for case-specific assessments.

Haryana Urban Development Authority vs Kamal Goyal · Niyam