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vijay kumar (Tutor)     21 January 2023

Is there any rule or clause for minimum compensation in consumer cases?

Dear members,
Back in 2014 i was guided by @Dr. MPS RAMANI Ph.D.[Tech.] how to file a case in consumer forum. I again than him here for his valuable guidance. 

District forum has final given the verdict. I won the case.

had sought for 5 lakh including everything. In that 5 lakh I had actually spent around 40 thousand which included security deposit and loss which was provided in details, reset amount was sought as compensation and legal expenses.

But consumer forum only awarded 8500 as compensation and did not award anything for loss and did not order the company to refund the security deposit. 

If not huge compensation I would at least like to get my security deposit, other loses back and legal expenses back.

In district forum I heard that consumer has to give at least 10% of sought compensation as award.

I would also like to know what is list or dates and how to make on in order to file an appeal in state commission. 

Learned members please guide.



Learning

 9 Replies

Shubham Bhardwaj (Advocate)     21 January 2023

Dear Mr Vijay, 

There is no provision under Consumer Protection law for minimum compensation.  In case you feel that the compensation is inadequate then file an Appeal before the State Commission. 

List of dates and events in nothing but events as per dates i.e. facts in chronology. Make 2 tables. In one colomn you will write dates and against each date the event that happened as per your complaints. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance.  

1 Like

Dr J C Vashista (Advocate)     22 January 2023

Well analysed, opined and advised by expert Mr. shubham Bhardwaj, which I agree and appreciate.

There is no straight jacket formula for award of compensation, it is discretionary power of the Commission.

1 Like

Shashi Dhara   22 January 2023

The only remedy is to appeal  that you have not satisfied on judgement passed by consumer court and to enhance the compensation as prayed.

vijay kumar (Tutor)     22 January 2023

@Dr J C Vashista @Shashi Dhara @Shubham Bhardwaj
Thank you for replies. 
I am partialy satisfied, I do not have issue with compensastion amount, i do not even mind if I do not get the compensastion back but problem is that I did not get my principal amount and expenses back only compensastion.
If I am not wrong when I will appeal I will have to go through whole proceeding once again at state comission?

Shashi Dhara   22 January 2023

No they pass judgement on lower court trial   contested in consumer court ,fresh evidence is not necessary.

Dr J C Vashista (Advocate)     24 January 2023

Of course entire paper book with documents and evidences placed on judicial record have to be part of appeal.

Seek further guidance of your lawyer. 

vijay kumar (Tutor)     25 January 2023

@Shashi Dhara @Dr J C Vashista

thank you for your replies. 

@Shashi Dhara do I have to submit everything with that submitted at district forum during appeal or state commission will recall the records during appeal ?

Shashi Dhara   25 January 2023

No the appeal court orders for call for records from trial court .

vijay kumar (Tutor)     25 January 2023

@Shashi Dhara
Thank you. Your help is greatly appreciated. 


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