On 12-04-2018, the respondent visited the beauty salon situated in the ITC Maurya Hotel, New Delhi, for a haircut. Alleging that her hair was cut much shorter than instructed, resulting in emotional trauma and professional setbacks, she filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) in July 2018. By order dated 21-09-2021, the NCDRC held the hotel guilty of deficiency in service and medical negligence and awarded compensation of ₹2,00,00,000. This order was challenged before the Supreme Court
Case Comment
The damages cannot be awarded merely on presumptions or whims and fancies of the complainant. To make out a case for award of dam ages, especially when the claim is to the tune of crores of rupees, some trustworthy and reliable evidence has to be led. The Court asserted that the present case was not a case involving a minor or routine consumer grievance where compensation could be assessed by applying a thumb rule. The claim being of an exceptionally high magnitude, it required trustworthy and reliable evidence of actual loss, which was conspicuously absent
[ITC Ltd. v. Aashna Roy, 2026 SCC OnLine SC 168]
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