Sri Shyamal Gupta, Member
This Appeal is directed against the order dated 10.06.2019 of the DCDRC, Kolkata—I (North) passed in CC/154/2018 by the Complainant/Appellant.
Skipping over the entire details, the Appeal is restricted within a limited prayer of enhancing the compensation amount.
Perused the BNA of OP No. 2 and other documents filed by Appellant.
The original Complaint Case is allowed with a compensation of Rs. 16,200/- for harassment + mental agony.
The observation of the Hon’ble Apex Court on ‘Compensation’ is as follows:-
Charan Singh –Vs- Healing Touch Hospital & Ors (2000) 7 SCC 68
“It is for the Consumer Forum to grant compensation to the extent it finds it reasonable, fair and proper in the facts and circumstances of a given case according to the established judicial standards.”
V. Krishna Kumar –Vs- State of Tamil Nadu & Ors (2015) 9 SCC388
“The principle of ‘restitution in integrum’ should be followed while deciding the amount of compensation.”
Godfrey Philips India Ltd –Vs- Ajay Kumar (2008) 4 SCC 504
“The compensation can be allowed only when there is loss or injury suffered by the complainant due to negligence of the opposite party”.
Perused the order dated 02.12.2019 in A/163/2019 of this Bench. In view of the said premises compensation amount is enhanced to 50,000/- instead of Rs. 16,200/-. Rest part of the ordering portion of impugned order dated 10.06.2019 be remained intact. Thus the Appeal is allowed in part.
