ITC LIMITED Vs. AASHNA ROY

JUDGEMENT

(1.) Challenge in the present appeal is to the order passed by the Commission in the Complaint filed by the respondent whereby compensation of Rs.2,00,00,000.00 was awarded to her on account of deficiency in service.

(2.) Briefly, the facts available on record are that the respondent visited the beauty salon in the appellant's ITC Maurya Hotel at New Delhi on 12/4/2018 for her haircut. Being dissatisfied with the service rendered, the respondent filed a complaint before the Commission in July 2018. Vide order dtd. 21/9/2021, the Commission found the appellant guilty of the deficiency in service and medical negligence. A sum of Rs.2,00,00,000.00 was awarded as compensation to the respondent.

(3.) Learned counsel for the appellant submitted that in the first round of litigation, no doubt, this Court upheld the finding of the Commission insofar as deficiency in service is concerned, but the quantum of compensation was set aside while recording a finding that there was no material placed on record by the respondent to justify the claim. After remand, the respondent produced photocopies of certain documents in her evidence before the Commission on 21/2/2023. To the aforesaid application filed by the respondent seeking to produce photocopies of certain documents in evidence, the appellant filed affidavit dtd. 16/3/2023 wherein the documents filed by the respondent were denied. Additionally, in the reply filed by the appellant to the respondent's aforesaid application, it was stated that most of the documents were dim or illegible and were mere photocopies. It was also stated that respondent is improving her case by adducing evidence and adding pleadings that were not present in her original complaint.