YASHPAL Vs. SSG PHARMA (P) LTD.
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
SSG PHARMA (P) LTD.
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J.D.KAPOOR, J -
(1.) FEELING dissatisfied with the amount of compensation of Rs. 4,000 awarded by the District Forum vide impugned order dated 20.7.2006 which includes the cost of litigation on account of
three pouches of ˜Satmola mango tablet being found empty out of 10
pouches purchased by the appellant has preferred this appeal.
(2.) AT the outset it may be mentioned that pouches of ˜Satmola mango tablet were purchased by the appellant, at cost of Rs. 1 each and,
therefore, the actual loss suffered by the appellant was to the tune of
(3.) TENDENCY of the consumers to blackmail the traders or the manufacturers just to enrich themselves unjustly by claiming compensation
in thousands and lacs of rupees against the actual loss of Rs. 100 or Rs.
1,000 has to be curbed with heavy hands and that can be done only by imposing a penalty upon such consumers. In terms of Section 14 of the
Consumer Protection Act, 1986, a consumer is entitled to the amount of
compensation as to the actual loss or injury suffered by him or the
mental injury due to the negligence of the opposite parties.
In the given facts and circumstances of the case for the loss of Rs. 3 suffered by the appellant, the appellant has claimed
compensation of Rs. 3,00,000 whereas the District Forum without applying
its mind as to the provisions of Consumer Protection Act, 1986 had
awarded compensation of Rs. 4,000 including the cost of litigation and that too by
observing that this compensation is a ˜symbolic compensation. Obviously
the District Forum has proceeded on the entire wrong presumption as to
the concept of compensation being awarded under the provisions of
Consumer Protection Act, 1986 and has not even cared to look into the
relevant provisions that empowers the District Forum to award
compensation. The appeal is highly misconceived and misdirected and is
dismissed with cost of Rs. 2,000 which shall be deposited in the
œConsumer Welfare Fund (Legal Aid) out of the compensation awarded
to the appellant.;
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