Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | National Consumer Disputes Redressal Commission Compensation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986:Section 23-National Consumer Disputes Redressal Commission dismissing a complaint after six years of its pendency without expressing any opinion on the merits of the case, on the ground that the claim made was excessive-Legality of-Held, the National Consumer Forum was not fair in disposing of the complaint by styling the claim as "excessive" or "exaggerated"-Whether the claim was realistic, exaggerated, or excessive, could only have been determined after the complainant had been given an opportunity to prove the case he had set up-Loss of salary is not the sole factor which was required to be taken into consideration-The complainant has virtually been condemned unheard after waiting for six long years and the legislative intent for enacting the legislation of a speedy summary trial, to settle the claim of the complainant has been breached in this respect- Impugned Order of the National Consumer Forum set aside and complaint filed by the complainant remanded to the National Consumer Forum for its disposal in accordance with law. Sections 11(1), 17(a)-Compensation-Quantification of-Held, National Consumer Forum has jurisdiction, without pecuniary limitations, to award proper compensation, even less than the one claimed in a given case, depending upon the established facts and circumstances of that particular case-The District Forum and the State Forum, on the other hand, have pecuniary jurisdictional limitations for granting compensation beyond their jurisdictional limits. |
Judge | Honble Dr. Justice A.S. Anand |
Neutral Citation | 2000 INSC 453 |
Petitioner | Charan Singh |
Respondent | Healing Touch Hospital And Ors. |
SCR | [2000] Supp. (3) S.C.R. 337 |
Judgement Date | 2000-09-20 |
Case Number | 767 |
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