Yashpal vs SSG PHARMA (P) LTD.

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, the appellant has preferred this appeal.

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. 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(1)(d) 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 lacs 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 "Consumer Welfare Fund (Legal Aid)" out of the compensation awarded to the appellant.

A copy of this order be sent to all Presidents of District Forums for their guidance while deciding such kinds of cases as ordinarily such complaints are filed by individual consumer and not on behalf of thousands and large number of consumers whose interests are similar as contemplated under Section 12 of the Consumer Protection Act, 1986. Fdr, if any, deposited by the appellant be returned to the appellant forthwith under proper receipt.

A copy of this order, as per the statutory requirements be forwarded to the parties, free of charge and also to the concerned District Forum and thereafter the file be consigned to the Record Room. Appeal dismissed.