MUKUL DEV Vs. RELIANCE INDIA MOBILE

JUDGEMENT

(1.) This is an appeal filed against order dated 10.2.2004 passed by the District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter referred to as the District Forum) vide which the complaint has been dismissed on the ground that it contains a claim for inflating an amount of compensation. The District Forum made reference to the decision of the Hon'ble National Consumer Disputes Redressal Commission, New Delhi (for short hereinafter to be referred as National Commission) in 2003 CLT 245 (NC ).

(2.) It is relevant to note that the notice of the complaint case had been served on the respondent who failed to appear before the District Forum and allowed the complaint case to proceed ex parte. The appellant led evidence in the shape of his affidavit along with documents Annexures C-1 to C-4.

(3.) After considering the case of the complainant in Para 4 and referring the complaint dated 23.7.2003 (copy Annexure C-3) and copy of legal notice dated 20.8.2003 served by the complainant on the respondent No.1 (in para 5), the District Forum disposed of the complaint on the ground mentioned in para 6 of the impugned order, which runs as under : "6. However, in the present case, the complainant has made highly inflated claim of Rs.4,00,000/- as compensation. As ruled by the Hon'ble National Commission in 2003 CLT 245 (NC), claims for inflated amounts of compensation are irrational, if not ludicrous and so these should be thrown out. Obviously, the present one is the case in which this authority should be invoked with its full vigour. Consequently, this complaint is dismissed for making a grossly inflated claim for compensation. Certified copy of this order be communicated to the parties. After compliance file be consigned to record. "