Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Breach of contract Assessment of damage |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Contract Act, 1872-Breach of contract-Development Authority advertised various schemes for allotment of developed plots for construction B of apartments and/or flats for occupation by the allottees-Allottees Invested money for the scheme-Failure and unreasonable delay in handing over possession of plots-Held, in such cases rules as to remoteness of damage would apply-Damages for mental agony is not payable in cases of ordinary commercial contract-Hence, MRTP Commission erred in awarding compensation for mental agony-Remoteness of damages-Tort-Monopolies and Restrictive Trade Practices Commission Act, 1969, Consumer Protection Act, 1986-Uttar Pradesh Urban Planning and Development Act, 1973. Contract: Breach of contract-Assessment of damages-Principles of-Held, broadly the principle underlying assessment of damages is to put the aggrieved E party monetarily in the same position, as far as possible, in which it would have been if the contract had been performed-Types of damages-may be liquidated or unliquidated. Breach of contract-Relationship governing the performance and consequences flowing from such breach-Working of-Held, would be worked out under the provisions of the Contract Act or the Specific Relief Act except to the extent governed by the law applicable to the Authority floating the Scheme-Contract Act, 1872, Section 73-Specific Relief Act, 1949.Breach of contract-Loss suffered by a party-Held, such loss may be compensated as the parties could have contemplated at the time of entering into the contract, which directly flows, from its breach lnterest: Payment of-Where there is no express or implied contract for its payment-Held, may be awarded on equitable grounds. Payment of-Scheme advertised by Authority had a stipulation in its brochure that they were not liable to pay any interest in the event of an occasion arising for return of the amount paid or deposited by the buyers of the land-Held, such clause applicable to such cases in which the buyer is himself responsible for creating circumstances providing occasion for the refund. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2000 INSC 331 |
Petitioner | Ghaziabad Development Authority Etc. Etc. |
Respondent | Union Of India And Anr. |
SCR | [2000] Supp. (1) S.C.R. 447 |
Judgement Date | 2000-05-12 |
Case Number | 5329 |
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