SRINAGAR: In a case that travelled from a luxury hotel salon to the Supreme Court, the country’s highest court has sharply reduced compensation awarded to a woman over a “faulty haircut,” ruling that consumer claims must be backed by clear and reliable evidence, reports appearing in the media said
The Supreme Court slashed the compensation from Rs 2 crore to Rs 25 lakh that had earlier been granted to a woman who alleged that a stylist at a five-star hotel salon cut her hair much shorter than instructed, causing her mental trauma and loss of modelling assignments.
A bench of Justices Rajesh Bindal and Manmohan, in a judgment delivered on February 6, held that while “deficiency in service” was established, the quantum of damages awarded by the National Consumer Disputes Redressal Commission (NCDRC) was excessive and unsupported by material proof.
Writing the 34-page verdict, Justice Bindal said damages cannot be based on assumptions or mere claims.
“The damages cannot be awarded merely on presumptions or whims and fancies of the complainant. To make out a case for award of damages, especially when the claim is to the tune of crores of rupees, some trustworthy and reliable evidence has to be led,” the court observed.
The woman had claimed the haircut caused severe emotional distress and cost her professional opportunities in modelling. The NCDRC initially awarded her Rs 2 crore in compensation and reiterated the amount even after the Supreme Court sought a reassessment.
ITC Limited, which operates the luxury hotel, challenged the decision before the apex court.
Upon review, the Supreme Court noted that the complainant relied largely on photocopies of documents and failed to substantiate the claimed financial losses with credible evidence. The bench said the consumer panel erred in awarding such a large sum without proper assessment of actual loss.
While upholding that there was deficiency in service, the court ruled that compensation must be reasonable and evidence-based, reducing the award to Rs 25 lakh.
