Determination of compensation for the loss suffered by a consumer on due to deficiency in service.
- by Aditi-Harshraj
- Aug 18, 2020 18:16
If I incurred loss of ₹50,000 due to defective items and you suffered and got injuries due to medical negligence and both of us filed a complaint under Consumer Protection Act, 2019. So, are we getting equal compensation? Who will decide how much compensation one must get? What factors decide the amount of compensation to be paid to victims? In the case Charan Singh v. Healing Touch Hospital and ors (2000), it has been held that calculation of damages depends on the facts and circumstances of each case. There is no hard and fast rule through which compensation can be determined. Consumer forum has to decide the amount of compensation so they must take into consideration all relevant factors. While in another case Air France v. O.P Srivastava and Ors, National Consumer Dispute Redressal Commission laid down certain factors while deciding the compensation to be paid. The factors are the background of the parties, both the injured and the negligent or defaulting party, the degree of negligence, the degree of proximity or causation of defaulting Acts resulting in the injury, consideration of alternative modes of redressal of the complaint's grievance. Hence, their can't be exact defined compensation to be paid to the injured party and varies from case to case.