ITC LIMITED versus AASHNA ROY

ITC LIMITED versus AASHNA ROY

The National Commission erred in awarding a huge sum of Rs.2,00,00,000 based primarily on unproved photocopies and general discussion without trustworthy evidence establishing loss; large claims require reliable proof and opportunity to test authenticity (production of originals, examination of authors or commissions), therefore the award is modified so that the respondent’s entitlement is limited to the Rs.25,00,000 already released in her favour.

Parties
Appellant: ITC Limited; Respondent: Aashna Roy
Jurisdiction
India
Judgment Date
06 February 2026
Procedural Posture
Civil Appeal / Judgment on Appeal (final Disposal)
Outcome
Appeal partly allowed
Legal Topics
Deficiency in Service, Quantum of Compensation, Production and Proof of Documents, Principles of Natural Justice, Remand for Assessment of Damages
Consumer Protection Medical Negligence Evidence Deficiency in Service Quantum of Compensation Production and Proof of Documents Principles of Natural Justice Remand for Assessment of Damages

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Parties

ITC Limited

Appellant

Aashna Roy

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal (final Disposal)

Legal Issues

  1. 1 Whether the National Consumer Disputes Redressal Commission was justified in awarding compensation of Rs.2,00,00,000 for alleged deficiency in service (faulty haircut)
  2. 2 Whether photocopies of documents without originals and without oral examination of authors suffice to prove large financial losses
  3. 3 Whether principles of natural justice were violated by not permitting production of originals or cross-examination of the respondent or document authors

Ratio Decidendi

The National Commission erred in awarding a huge sum of Rs.2,00,00,000 based primarily on unproved photocopies and general discussion without trustworthy evidence establishing loss; large claims require reliable proof and opportunity to test authenticity (production of originals, examination of authors or commissions), therefore the award is modified so that the respondent’s entitlement is limited to the Rs.25,00,000 already released in her favour.

Court Disposition

Appeal partly allowed

Orders

  • Impugned order of the National Commission dated 25.04.2023 modified to the extent that the amount of compensation to which the respondent is entitled shall be restricted to the amount already released in her favour (Rs.25,00,000).