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september 2004

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.

H.U.D.A. vs ASHOK KUMAR AGGARWAL · Niyam