Supreme Court of India · 2004-09-24
H.U.D.A. vs ASHOK KUMAR AGGARWAL
- Citation / case number
- SC 2002/12578
- Court
- Supreme Court of India
- Petitioner
- H.U.D.A.
- Respondent
- ASHOK KUMAR AGGARWAL
- 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% cannot be granted by Consumer Forums without considering the specific facts of each case, as established in Ghaziabad Development Authority vs. Balbir Singh. The Court emphasized that compensation for mental agony must correlate with actual loss or injury and that the National Commission's order was unsustainable for not adhering to these principles. The Court set aside the National Commission's order and directed the appellants to refund TDS deducted from compensation payments, with interest at 12%. This ruling is not to be treated as a precedent for other cases.