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september 2004

Supreme Court of India · 2004-09-24

Haryana Urban Development Authority vs Som Nath

Court
Supreme Court of India
Petitioner
Haryana Urban Development Authority
Respondent
Som Nath
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 in all consumer cases, emphasizing that compensation must be based on specific findings of loss or injury as per the principles established in Ghaziabad Development Authority vs. Balbir Singh (2004) 5 SCC 65. The Court set aside the National Commission's order that confirmed the award of interest without considering the 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 plot and clarified the amounts payable to the Respondent.

Haryana Urban Development Authority vs Som Nath · Niyam