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SUPREME COURT OF INDIA
RAJESH BINDAL, MANMOHAN, JJ
ITC Limited – Appellant
Versus
Aashna Roy – Respondent
JUDGMENT :
Rajesh Bindal, J.
1. Challenge in the present appeal is to the order, [Dated 25.04.2023] passed by the Commission, [National Consumer Disputes Redressal Commission] in the Complaint, [Consumer Case No.1619 of 2018] filed by the respondent whereby compensation of Rs.2,00,00,000/- was awarded to her on account of deficiency in service.
2. Briefly, the facts available on record are that the respondent visited the beauty salon in the appellant’s ITC Maurya Hotel at New Delhi on 12.04.2018 for her haircut. Being dissatisfied with the service rendered, the respondent filed a complaint before the Commission in July 2018. Vide order dated 21.09.2021, the Commission found the appellant guilty of the deficiency in service and medical negligence. A sum of Rs.2,00,00,000/- was awarded as compensation to the respondent.
2.1 Aggrieved against the aforesaid order, the appellant preferred appea, [Civil Appeal No.6391 of 2021] before this Court. Vide judgment dated 07.02.2023, the aforesaid appeal was disposed of by this Court, while not interfering with the finding of fact recorded by the Commission regarding deficiency in service. However, the amount of compensation awarded to the responde
Compensation claims in consumer disputes must be substantiated by credible evidence, and reliance on photocopies without originals is insufficient to justify substantial damages.
Question as to whether there was a deficiency in service or not would be a question of fact – Once deficiency in service is proved then consumer is entitled to be suitably compensated under different....
1) Complainant was a model for hair products but due to hair cutting against her instructions, by the Opp. Party No.2 she lost her expected assignments and suffered huge loss, underwent severe mental....
Negligent service in hair treatment constitutes deficiency under the Consumer Protection Act, justifying significant compensation for emotional and professional harm.
Quasi-judicial bodies must provide reasons for decisions affecting rights; failure to do so constitutes legal infirmity, particularly when reducing awarded compensation.
The court emphasized the principle that the High Court should not substitute its own conclusion to the one arrived at by authorities below unless the decision shocks the conscience of the Court.
Legal Title - The legal title of the complainant does stand compromised on account of the loss of the original documents by opposite party 1.
The bank's failure to verify the authenticity of debit vouchers led to unauthorized withdrawals, constituting a deficiency in service and warranting compensation for the complainant's losses.
Complicated questions – Nothing cogent has been brought on record by the Opposite Parties which would reflect that there are such complicated questions involved which could not be settled on the basi....
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