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august 2005

Supreme Court of India · 2005-08-23

Bihar State Housing Board vs Arun Dakshy

Citation / case number
AIR 2005 SUPREME COURT 3483
Court
Supreme Court of India
Petitioner
Bihar State Housing Board
Respondent
Arun Dakshy
Author
H.K.Sema
Bench
Arijit Pasayat, H.K. Sema

Judgment text excerpt

The Supreme Court held that under Regulation 45 of the Bihar State Housing Board (Management and Disposal of Housing Estate) Regulation 1983, the appropriate rate of interest on earnest money is 5%, not the 18% awarded by the National Consumer Disputes Redressal Commission. The Court emphasized that the Commission cannot award interest contrary to the statutory provisions. The appeal was allowed, and the interest rate was modified to 5%, aligning with the established legal principle that compensation must vary based on the specifics of each case.

Bihar State Housing Board vs Arun Dakshy · Niyam