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Consumer Courts Not Meant For Enriching Consumers: Delhi State Commission [Read Order]

Live Law News Network
4 Dec 2017 10:20 AM GMT
Consumer Courts Not Meant For Enriching Consumers: Delhi State Commission [Read Order]
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Consumer courts are not meant for enriching the consumers, the Delhi State Consumer Commission had held.

The Commission said so while dismissing the appeal of a west Delhi resident seeking enhancement of compensation of Rs 10,000 awarded by a District Consumer Dispute Redressal Forum to Rs 50,000.

Commission member Salma Noor held, “It will not be justified to award Rs. 50,000 as compensation as appellant/complainant has not provided any documentary proof or any evidence to show as how he had suffered the loss of Rs. 50,000. Consumer courts are not meant for enriching the consumers.”

In the instant case, the complainant had bought a toilet seat for his disabled father sometime in the year 2011. The very next day, he faced problems in flushing and after a month, the seat was completely blocked.

The complainant contacted the customer care of the company but met with no success as his complaint was never redressed despite heated arguments with the executives.

Thereafter, he moved the District Forum seeking refund of Rs 5,000 as the cost of the commode and Rs 50,000 as compensation for mental agony and harassment.

The District Forum, in July, 2017, held the company liable for deficiency in service and unfair trade practice and directed it to pay Rs 5,000 to the complainant as cost of the toilet seat, Rs 10,000 as compensation on account of mental agony and Rs 5,000 towards cost of litigation.

Aggrieved by the said order, the complainant filed an appeal seeking enhancement of the compensation to Rs 50,000.

After hearing the appeal, State Commission member Salma Noor said, “I find no illegality in the impugned order passed by the Ld. District Forum as the District Forum has already ordered to refund the price of the commode (English toilet seat) i.e. Rs. 5,000 and also awarded Rs. 10,000 towards physical and mental harassment alongwith Rs. 5,000 towards costs of litigation. Considering the price of the commode, the amount awarded by the Ld. District Forum is adequate.”

“It will not be justified to award Rs. 50,000 as compensation as appellant/complainant has not provided any documentary proof or any evidence to show as how he had suffered the loss of Rs. 50,000. Consumer courts are not meant for enriching the consumers,” she added.

Read the Order Here

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