YASHPAL Vs. SSG PHARMA (P) LTD.
LAWS(DELCDRC)-2006-10-11
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on October 04,2006

YASHPAL Appellant
VERSUS
SSG PHARMA (P) LTD. Respondents

JUDGEMENT

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 Rs. 3.
(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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