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september 2004

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.

Haryana Urban Development Authority vs Jeewan Asha Garg · Niyam