ITC Limited Vs Aashna Roy (Supreme Court)
Date-7th February 2023
Sub-Whether improper hair cut and consequent humiliation and embarrassment amounts to deficiency in service to lead to compensation under the Consumer Protection Laws?

An interesting question arose in this case when the defendant in this case was given a bad hair cut at Hotel ITC Maurya on 12-4-2018 and thereafter she filed a complaint with the NCRDC claiming compensation of Rs 3 crore. The forum awarded her Rs 2 crore. ITC took the matter to the highest court in the Country. The court upheld that there was a deficiency in service as hair was important in life of woman but regarding the quantification of damages at Rs 2 crore , the court held that this was without any basis as the defendant could not produce any material in support of her claim of Rs 3 crore by way of loss of employment on account of modelling assignment, the amount of income that she was earning. The court also noted that as she was appearing in person, she may not have taken correct legal propositions in support of her contention and when she was offered legal aid she refused. Thus the matter was remanded back to NCRDC to compute the damages afresh.

Consumer forum is an important tool in the hands of consumers.

Ramesh Patodia
08-02-2023