Supreme Court of India · 2004-09-24
Haryana Urban Development Authority vs Jeewan Asha Garg
- Citation / case number
- AIR 2005 SUPREME COURT 1397
- Court
- Supreme Court of India
- Petitioner
- Haryana Urban Development Authority
- Respondent
- Jeewan Asha Garg
- 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 cases by Consumer Forums, as established in Ghaziabad Development Authority vs. Balbir Singh (2004) 5 SCC 65. The Court emphasized that compensation for mental agony must correlate with actual loss or injury and must be based on a finding of deficiency in service or misfeasance in public office. The National Commission's order granting uniform interest was set aside, and the case was remanded for determination based on specific facts.