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september 2004

Supreme Court of India · 2004-09-24

Haryana Urban Development Authority vs Dr. Ashok Kumar Aggarwal

Court
Supreme Court of India
Petitioner
Haryana Urban Development Authority
Respondent
Dr. Ashok Kumar 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% cannot be uniformly granted in consumer cases, emphasizing that compensation must be based on specific findings of loss or injury as established in Ghaziabad Development Authority vs. Balbir Singh (2004) 5 SCC 65. The Court set aside the National Commission's order that awarded interest irrespective of case facts, stating that compensation for mental agony must correlate with the actual loss. The Court directed the Appellants to refund TDS deducted from compensation payments with interest at 12%. The ruling clarifies that it should not be treated as a precedent for other cases.

Haryana Urban Development Authority vs Dr. Ashok Kumar Aggarwal · Niyam