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january 2008

Supreme Court of India · 2008-01-17

H.U.D.A vs Prem Kumar Agarwal & Anr

Court
Supreme Court of India
Petitioner
H.U.D.A
Respondent
Prem Kumar Agarwal & Anr
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court held that the National Consumer Disputes Redressal Commission's uniform award of interest at 18% per annum for delayed possession of alternative plots by HUDA is unsustainable. The Court emphasized that compensation must be determined based on the specific facts of each case, correlating with actual loss or injury suffered by the allottee, rather than applying a fixed rate. The judgment clarifies that the Commission must assess individual circumstances to determine appropriate compensation, thereby setting aside the blanket interest rate previously applied.

H.U.D.A vs Prem Kumar Agarwal & Anr · Niyam