TMI Blog2000 (9) TMI 1073X X X X Extracts X X X X X X X X Extracts X X X X ..... a realistic claim and move the State Commission or the District Forum, as the case may be in accordance with law. The National Consumer Forum 1 further directed that time spent before it, should be taken into account for purpose of computing period of limitation by the appropriate forum where the appellant moves his complaint, With a view to dispose of this appeal, we would refer only to minimal relevant facts as emerge from the record before us. In 1993, according to the appellant, he went to the Healing Touch Hospital, respondent No.l for treatment of stomachache and burning sensation while passing urine. He was examined by respondent No.2, Dr. A.J.S. Juneja, who admitted him in respondent No.l hospital on 12.1.1993 for an operation for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o.l hospital In the same paralytic condition. He was prescribed some medicines which he kept on taking. Since, paralytic condition continued, the appellant went back to respondent No.l hospitai where respondent No.2 asked him to 'go away' and not to return to the hospital ever again. Appellant claims that, he, thereafter went to Medical Diagnostic Centre, Hauz Khas, New Delhi. On examination of his discharge slip and after undertaking certain other tests, the appellant was told by the Diagnostic Centre, that his left kidney had been removed. The appeilant was shocked to hear this and went to respondent No. 3 in the hospital, who told him to meet respondents No.2 and 4. He asked them how they had removed his left kidney during the se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ist the Court. We, therefore, requested Ms. Indira Jaising, learned senior counsel, who was present in Court, to appear as amicus curiee, which she readily agreed. We have heard learned counsel for the parties. The impugned order of the National Consumer Forum is very brief. While dismissing the complaint and relegating the appellant to approach either the District Forum or the State Commission, the National Consumer Forum inter alia observed: ...The Complainant was drawing a salary of ₹ 3,000/- plus allowances. This is his allegation which is not admitted by the Opposite Party. Even if we accept this contention is correct and even if we accept that as a result of wrong treatment qiven in the Hospital he has suffered permanent disabi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... put forward by the appellant was unrealistic , exaggerated or excessive after referring to the salary of the appellant only. According to Ms. Jai Singh, the National Consumer Forum, was not right in scuttling an enquiry into the claim of the appellant, in limine' after keeping him waiting for six long years. According to her, the impugned order rotates the spirit with which the Consumer Protection Act was enacted. Learned counsel for the respondents, however, submitted that the claim of the appellant was exaggerated and excessive and the Forum rightly rejected it, without giving any finding on merits so as not to prejudice the case of the appellant before the District Forum or the State Commission. After hearing learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttitude of the service provider. Indeed, calculation of damages depends on the facts and circumstances of each case. No hard and fast rule can be laid down for universal application. While swarding compensation, a Consumer Forum has to take into account all relevant faacors ana assess compensation on the basis of accepted legal principles, on moderation. It is for the Consumer Forum to grant compensation to the extent it finds it reasonable, fair and proper in the facts and circumstances of a given case according to established judicial standards where the claimant is able to establish his charge. It is not merely the alleged harm or mental pain, agony or physical discomfort, loss of salary and emoluments etc. suffered by the appellant whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e National Consumer Forum for six long years. The pleadings had been completed. The National Consumer Forum should have taken the complaint to its logical conclusion by asking the parties to adduce evidence and rendered its findings on merits. A mathematical calculation based only on the amount of salary being drawn by the appellant couid not be the soie factor to be into consideration to style the claim of the appellant unrealistic or exaggerated or excessive . The appellant has virtually condemned unheard after waiting for six long years. The legislative intent, for enacting the legislation, of a speedy summary trial, to settle the claim of the complainant (consumers) has been respected in its breach. The spirit of the benevolent leg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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