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Restitution (Section 72 Indian Contract Act)

Principles of Natural Justice & Equity

Definition

The equitable obligation of a person to whom money has been paid, or anything delivered, by mistake or under coercion, to repay or return it to the rightful owner.

Example

An electricity distribution company accidentally credits a commercial consumer with a tariff rebate intended for another factory; the company can recover the excess credit under Section 72 as money paid under a mistake.