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.