Supreme Court of India
ITC LIMITEDversusAASHNA ROY
- Citation
- 2026 INSC 135
- Decided
- 6 February 2026
- Disposal
- Case Partly allowed
- Bench
- RAJESH BINDAL
Holding
The Commission erred in awarding ₹2 crore as compensation because the respondent failed to produce reliable evidence; compensation is limited to the ₹25 lakh already released.
Summary
The respondent, a model, complained that a haircut she received at the beauty salon of ITC Maurya Hotel was faulty, alleging deficiency in service and medical negligence. The National Consumer Disputes Redressal Commission (NCDRC) awarded her ₹2 crore in compensation, relying mainly on photocopies of various documents without original copies or cross‑examination. ITC Limited appealed, arguing that the evidence was unreliable, the documents were unauthenticated, and the quantum of compensation was not supported by material proof, violating principles of natural justice. The Supreme Court examined the adequacy of evidence under the Consumer Protection Act, 1986 and held that compensation must be based on trustworthy evidence, not presumptions. It found that the respondent failed to establish a loss of the magnitude claimed and that reliance on mere photocopies could not justify the award. Consequently, the Court modified the NCDRC order, limiting the compensation to the ₹25 lakh already released, and partially allowed the appeal.
Issues considered
- Whether the NCDRC was justified in awarding ₹2 crore compensation for alleged deficiency in service without sufficient and authenticated evidence.
- Whether reliance on photocopies of documents without originals and without allowing cross‑examination violates the principles of natural justice under the Consumer Protection Act, 1986.
- Whether the quantum of compensation must be determined on the basis of material evidence as required by the Consumer Protection Act, 1986.
Legislation cited
- Bharatiya Sakshya Adhiniyam, 2023
- Consumer Protection Act, 1986s. 12, s. 13, s. 13(4)(iii), s. 13(4)(v), s. 14, s. 22
- Indian Evidence Act, 1872s. 65-B
Headnote
Issue for Consideration Issue arose whether the National Commission was justified in awarding a compensation of ₹2 crores to the respondent-model for a faulty haircut she took at the beauty salon in the appellant’s Hotel. Headnotes† Consumer Protection Act, 1986 – Deficiency the beauty salon in the appellant’s hotel for haircut – Dissatisfied with the services rendered, she filed complaint before National Commission – Commission awarded a compensation of ₹2 crores to the respondent holding the appellant guilty of the deficiency in service and
Subjects
faulty haircutdeficiency in servicemedical negligenceconsumer compensationphotocopies of documentsnatural justiceevidence authenticationquantum of damages
Judgment
[2026] 2 S.C.R. 455 : 2026 INSC 135
ITC Limited
v.
Aashna Roy
(Civil Appeal No. 3318 of 2023)
06 February 2026
[Rajesh Bindal* and Manmohan, JJ.]
Issue for Consideration
Issue arose whether the National Commission was justified in
awarding a compensation of ₹2 crores to the respondent-model
for a faulty haircut she took at the beauty salon in the appellant’s
Hotel.
Headnotes†
Consumer Protection Act, 1986 – Deficiency in service –
Allegation of faulty haircut – Respondent-model visited the
beauty salon in the appellant’s hotel for haircut – Dissatisfied
with the services rendered, she filed complaint before National
Commission – Commission awarded a compensation of ₹2
crores to the respondent holding the appellant guilty of the
deficiency in service and medical negligence – In an appeal
thereagainst, this Court upheld the finding of fact recorded
by the Commission regarding deficiency in service, however,
set aside the amount of compensation awarded to the
respondent since no material placed on record to justify the
claim, and remitted the matter to the Commission and the
sum of ₹25 lakhs deposited by the appellant before this Court
was to be transmitted to the Commission – Review petition
and Curative petition filed, which were dismissed – After
remand, respondent enhanced her claim to ₹5.20 crores and
produced documents on record before the Commission to
substantiate her claim, while the appellant filed applications
praying for production of original documents; and seeking
permission to cross-examine the respondent which was not
given – However, the Commission, again awarded ₹2 crores
as compensation, and directed release of ₹25 lakhs in favor
of the respondent – Correctness:
* Author
456 [2026] 2 S.C.R.
Supreme Court Reports
Held: From the evidence placed on record, case not made out
for such a huge compensation to the respondent – 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 – It is not a case
where the Commission could award compensation by applying a
thumb rule – Claim of compensation was for crores of rupees, for
which some loss suffered by the respondent because of deficiency
in service was required to be established – This could not be
established by merely producing photocopies of the documents,
wherein even discrepancies have been noticed – Even after
remand, respondent not been able to make out a case for award
of such huge compensation – On the basis of photocopies of the
documents placed on record by the respondent, the Commission
erred in awarding huge amount of compensation of ₹2 crores,
which cannot be justified – Observation made by the Commission
that because of the trauma suffered by the respondent, she may
not have maintained the originals of the documents produced
before the Commission, hence, reliance could be placed on mere
photocopies, cannot be a justification for awarding such a huge
compensation – Even if the photocopies were to be produced,
there are other ways and means to justify the claim made on
that basis – Even if the Code of Civil Procedure may not be
strictly applicable, the Commission did not assess as to how the
respondent suffered loss to the tune of ₹2 crores – Impugned
order passed by the Commission modified to the extent that the
amount of compensation, to which the respondent is entitled to,
be restricted to the amount of ₹25 lakhs already released in her
favor. [Paras 19-24]
Case Law Cited
Chief Administrator, HUDA v. Shakuntala Devi (2017) 2 SCC 301;
Charan Singh v. Healing Touch Hospital [2000] Supp. 3 SCR
337 : (2000) 7 SCC 668; Nizam’s Institute of Medical Sciences v.
Prasanth S. Dhanaka [2009] 9 SCR 313 : (2009) 6 SCC 1; Malay
Kumar Ganguly v. Dr. Sukumar Mukherjee and Others [2009]
13 SCR 1 : (2009) 9 SCC 221; Dr. J.J. Merchant and others v.
Shrinath Chaturvedi [2002] Supp. 1 SCR 469 : (2002) 6 SCC
635; R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami
& V.P. Temple and Another [2003] Supp. 4 SCR 450 : (2003) 8
SCC 752 – referred to.
[2026] 2 S.C.R. 457
ITC Limited v. Aashna Roy
List of Acts
Consumer Protection Act, 1986; Evidence Act, 1872; Bharatiya
Sakshya Adhiniyam, 2023.
List of Keywords
Award of compensation of ₹2 crores by National Commission;
Faulty haircut; Deficiency in service; Medical negligence; Merely
producing photocopies of the documents; Award of compensation
of ₹25 lakhs.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3318 of 2023
From the Judgment and Order dated 25.04.2023 of the National
Consumers Disputes Redressal Commission, New Delhi in CC
No. 1619 of 2018
Appearances for Parties
Advs. for the Appellant(s):
Dr. A.M. Singhvi, Sr. Adv., M/s Dua Associates, L.K. Bhushan,
Ms. Raashi Beri.
Caveator-in-person.
Judgment / Order of the Supreme Court
Judgment
Rajesh Bindal, J.
1. Challenge in the present appeal is to the order1 passed by the
Commission2 in the Complaint3 filed by the respondent whereby
compensation of ₹2,00,00,000/- 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
1 Dated 25.04.2023
2 National Consumer Disputes Redressal Commission
3 Consumer Case No.1619 of 2018
458 [2026] 2 S.C.R.
Supreme Court Reports
on 12.04.2018 for her haircut. Being dissatisfied with the service
rendered, the respondent filed a complaint before the Commission in
July 2018. Vide order dated 21.09.2021, the Commission found the
appellant guilty of the deficiency in service and medical negligence.
A sum of ₹2,00,00,000/- was awarded as compensation to the
respondent.
2.1 Aggrieved against the aforesaid order, the appellant preferred
appeal4 before this Court. Vide judgement dated 07.02.2023,
the aforesaid appeal was disposed of by this Court, while not
interfering with the finding of fact recorded by the Commission
regarding deficiency in service. However, the amount of
compensation awarded to the respondent was set aside and
the matter was remitted back to the Commission so far as
quantum of computation was concerned. It was for the reason
that there was no material placed on record by the respondent
to justify her claim. In case any evidence was to be produced
on record by the respondent before Commission, the appellant
was entitled to rebut the same. A sum of ₹25,00,000/- deposited
by the appellant before this Court was directed to be transmitted
to the Commission. The appellant filed review petition5 against
the aforesaid order. The same was dismissed by this Court on
11.07.2023. To complete the narration of fact recorded in the
earlier round of litigation, it needs to be mentioned that the
Curative Petition6 filed by the appellant was also dismissed on
30.01.2024.
2.2 After remand, the respondent enhanced her claim from
₹2,00,00,000/- to ₹5,20,00,000/- and produced certain documents
on record before the Commission to substantiate her claim.
The Commission, after consideration of the material produced
on record by the parties, again awarded7 ₹2,00,00,000/- as
compensation to the respondent along with interest @ 9% per
annum from the date of filing of the complaint till payment is
made.
4 Civil Appeal No.6391 of 2021
5 Review Petition Diary No.9795 of 2023 in C.A. No.6391 of 2021
6 Curative Petition (Civil) No.392/2023.
7 Vide Order dated 25.04.2023
[2026] 2 S.C.R. 459
ITC Limited v. Aashna Roy
2.3 Aggrieved against the aforesaid order dated 25.04.2023 passed
by the Commission, the present appeal has been filed by the
appellant before this Court.
ARGUMENTS OF THE APPELLANT
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
21.02.2023. To the aforesaid application filed by the respondent
seeking to produce photocopies of certain documents in evidence,
the appellant filed affidavit dated 16.03.2023 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.
3.1 Along with the aforesaid affidavit, two other applications were
also filed; one was for production of original documents,
photocopies of which were sought to be produced by the
respondent in evidence, and another for seeking permission
of the Commission to cross-examine the respondent. Without
considering the aforesaid applications filed by the appellant
and despite the fact that all the documents produced by the
respondent were categorically denied by the appellant, the
Commission reiterated the earlier order while awarding the same
amount of compensation to the respondent as was awarded in
the first round of litigation.
3.2 It was a case of complete violation of principles of natural
justice and the law for production and appreciation of evidence
produced on record. All what the respondent had produced
before the Commission along with an application, were
photocopies of certain documents with no authenticity. The
authors of those documents were not produced in evidence to
460 [2026] 2 S.C.R.
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endorse the genuineness thereof. This deprived the appellant
of an opportunity to cross-examine those persons. Even the
respondent did not enter witness box to state on oath and
provide an opportunity to the appellant to cross-examine her.
In this view of the matter, the impugned order passed by the
Commission deserves to be set aside.
3.3 It was further argued that the amount of compensation claimed
by the respondent was totally imaginary with no loss shown
to have been suffered by her in any manner. Even from the
photocopies of the documents produced on record by her, the
amount of compensation claimed could not possibly be justified.
It was merely a case of deficiency on account of alleged error
in hair cutting, which in fact was not there. From the material
placed on record by the appellant it was established that the
respondent was satisfied with the services. The same was
also evident from the appearance captured in the CCTV when
she entered and left the hotel. The grievance raised by the
respondent was not significant and even otherwise, the same
was taken care of to her satisfaction.
3.4 Pointing out the defects in the evidence or non-reliability thereof
as produced by the respondent, learned counsel for the appellant
submitted that from two pay slips produced on record by the
respondent for the months of April 2018 and May 2018 from
M/s. AMC Marketing Research Associates, it is evident that
before and after the alleged deficiency in service regarding
faulty haircut, the respondent remained in service on the same
pay package.
3.5 With reference to photocopy of the email from Pavan Goenka
for some senior level position at Delhi, the submission is that
it was not a job for modelling, there was nothing pointed out to
show that because of alleged faulty haircut in April 2018, the
respondent had lost that job opportunity. Even with respect to
the photocopy of letter dated 09.04.2018 placed on record, it
was argued that the same may be fabricated email as nothing
transpired subsequently, as was disclosed by the respondent.
No certificate under Section 65-B of the Indian Evidence Act,
1872 was produced to substantiate authenticity of the letter,
only a printout of which was taken out from the computer has
been produced.
[2026] 2 S.C.R. 461
ITC Limited v. Aashna Roy
3.6 With regard to the modelling assignment certain photographs
were attached by the respondent. However, the same do
not depict as to which period those relate to. Nothing was
produced on record regarding the signing amount paid to the
respondent for the aforesaid assignment.
3.7 Further, a photocopy of the certificate of one Glitz Modelling
and Production Pvt. Ltd. was produced by the respondent to
indicate that she had been doing modelling assignment from
2015 to 2018 and was also offered role in a feature film. These
also do not substantiate the claim of the respondent for the
reason that the said certificate does not mention any date and
no monetary aspects have been detailed out. Moreover, the
existence of the said company may also be doubtful.
3.8 Similar is the position with reference to the photocopy of
a certificate dated 11.12.2017 from Glitz Modelling and
Production Pvt. Ltd. proposing a second lead role to the
respondent in a feature film for which remuneration of ₹60
lakhs was shown. The aforesaid photocopy of the letter also
did not substantiate the case of the respondent. She had
never claimed that she had any experience of working in a
movie. The aforesaid offer is said to be of 11.12.2017 and the
alleged faulty haircut was on 12.04.2018. Nothing was placed
on record to show that any developments had taken place in
the intervening four months. Nothing was produced on record
that the said film ever went on floor.
3.9 Photocopy of a letter dated 02.02.2018 from Jeet Surendranath,
Partner, FAR Commercials, offering the respondent annual
modelling assignment with a reputed haircare brand and other
brand campaigns for ₹50 lakhs also does not take the case of
the respondent any further as there is nothing to show that the
aforesaid offer, if made to the respondent, was ever accepted
by her. She continued to work with AMC Marketing Research
Associates till May 2018, as per the letters produced on record
by her. Moreover, the aforesaid letter was not on letterhead
of the company, rather it was on a plain paper.
3.10 Similar is the position with regard to a certificate dated
11.07.2018 produced by the respondent from Dr. Ranajit
Kumar Das. It was sought to be claimed that the respondent
462 [2026] 2 S.C.R.
Supreme Court Reports
suffered from mental trauma, depression and anxiety.
However, the fact remains that photocopy of the documents
produced does not show that the aforesaid doctor is an expert
on the subject. His qualifications are not even mentioned in
the certificate. This document was not produced in the first
round of litigation.
3.11 Photocopy of the certificate dated 13.02.2023 also cannot be
relied on as the same is as vague as possible, not printed on
any letter head and does not contain the payment details. It is
a document dated 13.02.2023, i.e. almost after five years of
alleged haircut. Though it is stated in the aforesaid certificate
that the respondent had worked in a short film titled ‘Japanese
Wife’, however, her name does not feature in that film. In any
case, it coincides with her earlier employment. Performance in
any film is a full-time job and it cannot be possible or permitted
in case the respondent was working in another establishment
at a senior position with handsome salary.
3.12 Even otherwise photocopies of the documents produced by
the respondent, as referred to above, could not possibly be
produced in the evidence on the basis of which an order could
be passed. The authenticity and genuineness of the documents
produced was required to be proved.
3.13 The appellant had produced an affidavit regarding spa in the
Hotel stating that as per the requirement of the respondent,
her hair was trimmed 4 inches from bottom. It was up to
the satisfaction of the respondent. In the earlier WhatsApp
chats, there was no mention of loss or agony suffered by the
respondent; the minor issue raised by her was corrected. None
of the documents produced in the second round of litigation
was placed on record in the earlier round of litigation. In the
first round of litigation, the amount of compensation claimed
was ₹3,00,00,000/- which was enhanced to ₹5,20,00,000/- in
the second round of litigation.
3.14 Learned counsel for the appellant further submitted that before
the Commission, the appellant had produced a chart showing
as to how much compensation was assessed in different types
of case pertaining to deficiency in service.
[2026] 2 S.C.R. 463
ITC Limited v. Aashna Roy
3.15 All these factors could be thrashed out by the appellant,
had they been given an opportunity to cross-examine the
respondent.
3.16 Summing up the arguments, it was submitted that the
entire findings recorded by the Commission were based on
conjectures and surmises with no admissible evidence on
record. In support of his plea, reliance was placed by the
learned senior counsel for the appellant on the judgments of
this Court in Chief Administrator, HUDA v. Shakuntala Devi8,
Charan Singh v. Healing Touch Hospital9 and Nizam’s
Institute of Medical Sciences v Prasanth S. Dhanaka10.
ARGUMENTS OF THE RESPONDENT
4. In response, the respondent who appeared in-person, submitted that
she is a highly educated woman, being a management post-graduate
from I.I.M., Calcutta and also Diploma in Mass Communication. All
what has been stated by the appellant is a bundle of lies. In the first
round of litigation, this Court had upheld the findings of the Commission
regarding deficiency in service. The matter was remanded back only
for assessment of compensation. The respondent, being not legally
trained, should not be deprived of amount of compensation for
the financial loss and mental agony suffered by her on account of
deficiency in service by the appellant. She had a prosperous career
ahead, which was derailed by the appellant. Length and style of haircut
of a woman always has relation with her confidence, which may be
relevant for any managerial job on which she was working or for
any meeting with officers and also for role in any movie or modelling
assignment. There is nothing wrong in the evidence produced by
the respondent before the Commission which has rightly been relied
upon for assessment of compensation payable to her.
4.1 It was further argued that the respondent is running from pillar
to post for the last 7 years and has still not been compensated
adequately on account of deficiency in service. It is a lapse on
the part of the appellant, who have not summoned and cross-
8 (2017) 2 SCC 301
9 (2000) 7 SCC 668
10 (2009) 6 SCC 1
464 [2026] 2 S.C.R.
Supreme Court Reports
examined the employers and agencies who had offered her
role in film or modelling assignment, in order to challenge the
credibility of the documents produced by her. It is too late for
the appellant to now claim that they had not been offered the
opportunity once they had missed the bus. She also alleges
that none of the copies of the applications filed by the appellant
was received by her.
4.2 It is further argued that when the respondent had gone for
haircut on 12.04.2018, she was working with AMC Marketing
Research Associates. She had to quit the job in June 2018 on
account of faulty haircut which led to loss of confidence in the
corporate job. The submission is that mere technicalities should
not come in the way for compensating the respondent for the
loss and agony suffered by her. The consumer courts are not
meant to strictly go in that aspect as they have been created
to be consumer friendly.
RESPONSE OF THE APPELLANT
5. In response, learned counsel for the appellant submitted that to justify
her claim of huge compensation of ₹5,20,00,000/-, the respondent
has not placed on record any income-tax return which could have
shown her income prior to the incident and thereafter.
6. Heard learned counsel for the parties and perused the relevant
referred record.
DISCUSSION
FIRST ROUND OF LITIGATION
7. This Court in the earlier round of litigation vide Judgment dated
07.02.2023 upheld the findings of the National Commission regarding
deficiency of service. The next issue arose as to the compensation
to which the respondent may be entitled to on account of deficiency
in service. In para 12 of the aforesaid judgment, this Court observed
that the respondent was repeatedly requested to refer to any material
placed before the Commission justifying her claim for compensation.
It was regarding her advertisement and modelling assignments in past
or for which she entered into contract for the present or the future. As
the respondent had failed to refer to any material produced before
[2026] 2 S.C.R. 465
ITC Limited v. Aashna Roy
the Commission in support of her claim, this Court did not find any
justification in awarding huge compensation of ₹2,00,00,000/- under
the head of ‘pain, suffering and trauma’. There being no evidence
produced in support of her claim, this Court had set aside the award
of the Commission.
7.1 It was also noticed that as the respondent was appearing in-
person, as also in the case of present proceedings, she was
offered free legal aid which she refused to accept. Finally, in
paras 15 and 16 it was observed that the respondent should be
given opportunity to produce any material to substantiate her
claim in case she has. Once deficiency in service is proved, the
respondent is entitled to be suitably compensated. With respect
to the question of quantum, the matter was remitted back to
the Commission for affording opportunity to the respondent to
lead evidence with regard to her claim. In case any evidence
is led by the respondent, the appellant was also to be given
adequate right to rebut the same. On the basis of the evidence
so led, the Commission was to re-examine the matter afresh.
8. It is in the light of the aforesaid observations made by this Court
that the evidence led by the respondent to justify her claim is to be
examined.
9. It may be relevant to add here that in the complaint filed by the
respondent initially, her claim was to the extent of ₹3,00,00,000/-.
However, after the matter was remitted back to the Commission the
claim of compensation was increased to ₹5,20,00,000/-.
SECOND ROUND OF LITIGATION
10. After the matter was remanded back to the Commission, the
respondent filed the affidavit dated 21.02.2023. We deem it
appropriate to extract the contents of the same:
“I, AASHNA ROY D/O LATE SH. ANANTA LAL ROY
R/O DDA HOUSING SOCIETY SECTOR E1, BLOCK
F1 FLAT 64, 6TH FLOOR, VAANT KUNJ, NEW DELHI –
110071, do hereby solemnly affirm & declare as under:-
1. That I am the deponent of the above said matter and
I am well conversant with the fact and circumstances of
the case and I am fully competent to swear the present
affidavit of my behalf.
466 [2026] 2 S.C.R.
Supreme Court Reports
2. I. say that the accompanying applications has been
drafted by me and along with all the evidence and the
contents of the same true to my knowledge and belief.”
11. A perusal of the aforesaid affidavit shows that it was a standard
declaration made in isolation. Along with the aforesaid affidavit,
the respondent had placed on record photocopies of the following
documents:
"i. Email dated 08.02.2023 addressed by Mr. Goenka
Pawan of Mahindra and copy of reply Email dated
10.03.2018 addressed by the respondent.
ii. 12 Messages between Mr. Rajeev Dubey, Mahindra
and the respondent.
iii. Photo of the respondent after haircut (undated).
iv. Brief profile of Goenka who joined Mahindra in
October 1993 as General Manager, R & D.
v. Additional Affidavit filed before the Supreme Court
in compliance of Order dated 23.08.2022 in C.A.
No.6391 of 2021 showing her loss under the different
heads owing to the negligence of the appellant.
vi. Advertisement of Panteen in which picture of
respondent appeared.
vii. Advertisement of VLCC in which picture of respondent
appeared.
viii. Letter on plain paper addressed by Pranav Awasti,
Director, Glitz Modelling & Production Pvt. Ltd.
(undated) certifying that the respondent was offered
feature films and has been modelled from 2015-2018.
ix. Letter on plain paper addressed by Mr. Jeet
Surendranath, Partner Far Commercials, dated
02.02.2018 to the respondent, offering haircare
modelling assignment (Rs.50,00,000/- per annum)
with a reputed haircare brand and for Fashion Features
and Brand endorsements for a fees of Rs.20 lakhs.
x. Letter on plain paper addressed by Pranavi Awasti,
Director, Glitz Modelling & Production Pvt. Ltd., dated
[2026] 2 S.C.R. 467
ITC Limited v. Aashna Roy
11.12.2017 to the respondent, offering proposal for
Feature Film on remuneration of Rs.60,00,000/- for
the second lead role.
xi. Prescription in the form of Letter dated 11.07.2018
addressed by Dr. Ranajit Kumar Das where he stated
that the respondent was suffering from mental trauma,
depression and anxiety and also advised rest of
duties for 30 working days in addition to prescription
of medicines.
xii. Letter on plain paper addressed by Mr. Jeet
Surendranath, Partner Far Commercials, dated
13.02.2023 certifying that the respondent has
performed as model in Pantene and VLCC in the
year 2017 and 2018, featured in the short film
“The Japanese Wife” and the respondent had been
offered many fashion related projects and hair care
advertisements.
xiii. Pay Slip for the month of May, 2018 of the respondent
issued by A.M.C. Marketing Research Associates
reflecting her designation as Sr. Director at a gross
salary of Rs.4,67,468.
xiv. Pay Slip for the month of April, 2018 of the respondent
issued by A.M.C. Marketing Research Associates
reflecting her designation as Sr. Director at a gross
salary of Rs.4,67,468.
xv. Certificate (undated) issued by the Glitz Modelling
and Productions Pvt. Ltd. endorsing her affiliation
with them and her work in well-known brands for
advertisement and fashion shows and offer of feature
films.”
12. The appellant replied to the aforesaid affidavit vide its affidavit dated
16.03.2023, which contains a statement of denial of all documents
filed by the respondent.
13. Going in detail, though there was no pleading with reference to the
documents annexed by the respondent in the affidavit filed by her,
the appellant in the affidavit filed in response pleaded as under:
468 [2026] 2 S.C.R.
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“5. That the Opposite Party herein is filing the present
reply to the application and the documents filed by the
Complainant without prejudice to the fact that most of the
documents supplied to the Opposite Party are dim and
illegible, and without prejudice to the rights and contentions
taken in the Review Petition filed in the Hon’ble Supreme
Court, and subject to the outcome of the said Review
Petition. The Opposite. Party reserves its rights to add to
or alter its. response and file a detailed reply and additional
documents, if required. It is submitted that the documents
filed by the Complainant and supplied to the Opposite
Party herein are mere photocopies and it is prayed that
this Hon’ble Commission may be pleased to direct the
Complainant to produce the originals of the documents filed
by her before this Hon’ble Commission and an inspection
thereof may be permitted to the Opposite Party.
x x x
8. It is submitted that the Complainant has sought to
constantly improve her case and pleadings over the
course of the proceedings in the present matter. In the
original complaint and the rejoinder filed before this Hon’ble
Commission, there were no pleadings, averments or
allegations by the Complainant regarding any loss caused
to the Complainant at all on any account whatsoever. The
only allegation in the complaint was that the hair of the
Complainant was cut short by the Opposite Party herein
for commercial gain as the attempt was to sell the hair by
the Opposite Party. It is submitted that the Complainant,
having not even pleaded any loss in her complaint as is
sought to be made out now, has subsequently sought to
improve her case and has now filed certain documents
pertaining to her alleged loss. It is the submission of the
Opposite Parties herein that any evidence or document
filed by the Complainant which is outside the scope of the
original pleadings in the complaint is liable to be ignored
and/or not permitted on the record of the case by this
Hon’ble Commission.”
14. Learned counsel for the appellant had also referred to two applications
filed by them before the Commission:
[2026] 2 S.C.R. 469
ITC Limited v. Aashna Roy
(i) praying for production of original documents;
(ii) seeking permission to cross-examine the respondent.
15. We had summoned the record of the Commission and found that
the aforesaid two applications are available on record.
16. The National Commission exercises original jurisdiction under Section
22 of the 1986 Act. This section provides that the provisions of
Sections 12, 13 and 14 of the Act and the Rules framed thereunder for
disposal of complaints by the District Forum, with such modifications
as may be considered necessary by the National Commission, will
be applicable for disposal of disputes by the National Commission.
Section 13 thereof deals with the procedure on admission of
complaints before the District Forum.
17. It is well-settled that the provisions of the Indian Evidence Act, 1872
(Bharatiya Sakshya Adhiniyam, 2023) are not strictly applicable
for proceedings under the 1986 Act. The Commission is, however,
bound to comply with the Principles of Natural Justice, save and
except as laid down in sub-section (4) of Section 13 of the 1986 Act.
Reference can be made to para 43 of the judgment of this Court in
Malay Kumar Ganguly v. Dr. Sukumar Mukherjee and others11:
“43. Apart from the procedures laid down in Sections
12 and 13 as also the Rules made under the Act, the
Commission is not bound by any other prescribed
procedure. The provisions of the Evidence Act are not
applicable. The Commission is merely to comply with
the principles of natural justice, save and except the
ones laid down under sub-section (4) of Section 13
of the 1986 Act. The proceedings before the National
Commission are although judicial proceedings, but at the
same time it is not a civil court within the meaning of the
provisions of the Code of Civil Procedure. It may have
all the trappings of the civil court but yet it cannot be
called a civil court. (See Bharat Bank Ltd. v. Employees
and Nahar Industrial Enterprises Ltd. v. Hong Kong &
Shanghai Banking Corpn.)”
11 (2009) 9 SCC 221
470 [2026] 2 S.C.R.
Supreme Court Reports
17.1 Judgment of this Court in Dr. J.J. Merchant and others v.
Shrinath Chaturvedi12 deals with the issue as to how evidence
is to be recorded before the Commission under the 1986 Act.
The idea behind is that in the process, the proceedings should
not be delayed. While trying a complaint the evidence of the
parties could be taken on affidavits as provided in Section 13(4)
(iii). The Commission is also empowered to issue commission
for examination of any witnesses in terms of Section 13(4)
(v) of the 1986 Act. It is akin to Order XVIII Rule 4 CPC,
which also provides that in every case examination-in-chief
of the witness shall be on affidavit. Further, witness could be
examined by the court or the Commissioner appointed by it.
The Commission also needs to follow the same system. In
case the facts are taken in evidence and cross-examination
is sought by the other side, the Commission can easily evolve
a procedure permitting the other side to cross-examine the
witnesses. The same can be done by putting certain questions
in writing or through video conferencing or by appointment of
a Commission. Relevant para 19 thereof is extracted below:
“19. It is true that it is the discretion of the Commission
to examine the experts if required in an appropriate
matter. It is equally true that in cases where it is
deemed fit to examine experts, recording of evidence
before a Commission may consume time. The Act
specifically empowers the Consumer Forums to follow
the procedure which may not require more time or
delay the proceedings. The only caution required is
to follow the said procedure strictly. Under the Act,
while trying a complaint, evidence could be taken on
affidavits [under Section 13(4)(iii)]. It also empowers
such Forums to issue any commission for examination
of any witness [under Section 13(4)(v)]. It is also to
be stated that Rule 4 in Order 18 CPC is substituted
which inter alia provides that in every case, the
examination-in-chief of a witness shall be on affidavit
and copies thereof shall be supplied to the opposite
party by the party who calls him for evidence. It
12 (2002) 6 SCC 635
[2026] 2 S.C.R. 471
ITC Limited v. Aashna Roy
also provides that witnesses could be examined by
the court or the Commissioner appointed by it. As
stated above, the Commission is also empowered to
follow the said procedure. Hence, we do not think
that there is any scope of delay in examination or
cross-examination of the witnesses. The affidavits
of the experts including the doctors can be taken as
evidence. Thereafter, if cross-examination is sought
for by the other side and the Commission finds it
proper, it can easily evolve a procedure permitting
the party who intends to cross-examine by putting
certain questions in writing and those questions also
could be replied by such experts including doctors
on affidavits. In case where stakes are very high and
still a party intends to cross-examine such doctors or
experts, there can be video conferences or asking
questions by arranging telephonic conference and
at the initial stage this cost should be borne by the
person who claims such video conference. Further,
cross-examination can be taken by the Commissioner
appointed by it at the working place of such experts
at a fixed time.”
17.2 The enunciation of law by this Court in R.V.E. Venkatachala
Gounder v. Arulmigu Viswesaraswami & V.P. Temple and
another13 with reference to evidence to be led by the parties
under the 1986 Act was quoted with the approval in a matter
pertaining to Consumer Protection Act by this Court in Malay
Kumar Ganguly (supra). Para 40 thereof is extracted below:
“40. This Court in R.V.E. Venkatachala Gounder v.
Arulmigu Viswesaraswami & V.P. Temple held at SCC
p. 764, para 20:
“20. … Ordinarily, an objection to the admissibility
of evidence should be taken when it is tendered
and not subsequently. The objections as to
admissibility of documents in evidence may be
classified into two classes: (i) an objection that
13 (2003) 8 SCC 752
472 [2026] 2 S.C.R.
Supreme Court Reports
the document which is sought to be proved is
itself inadmissible in evidence; and (ii) where the
objection does not dispute the admissibility of the
document in evidence but is directed towards the
mode of proof alleging the same to be irregular
or insufficient. In the first case, merely because
a document has been marked as ‘an exhibit’, an
objection as to its admissibility is not excluded
and is available to be raised even at a later
stage or even in appeal or revision. In the latter
case, the objection should be taken when the
evidence is tendered and once the document
has been admitted in evidence and marked as
an exhibit, the objection that it should not have
been admitted in evidence or that the mode
adopted for proving the document is irregular
cannot be allowed to be raised at any stage
subsequent to the marking of the document as
an exhibit. The latter proposition is a rule of fair
play. The crucial test is whether an objection,
if taken at the appropriate point of time, would
have enabled the party tendering the evidence
to cure the defect and resort to such mode of
proof as would be regular. The omission to
object becomes fatal because by his failure the
party entitled to object allows the party tendering
the evidence to act on an assumption that the
opposite party is not serious about the mode
of proof. On the other hand, a prompt objection
does not prejudice the party tendering the
evidence, for two reasons: firstly, it enables the
court to apply its mind and pronounce its decision
on the question of admissibility then and there;
and secondly, in the event of finding of the court
on the mode of proof sought to be adopted going
against the party tendering the evidence, the
opportunity of seeking indulgence of the court
for permitting a regular mode or method of proof
and thereby removing the objection raised by the
opposite party, is available to the party leading
[2026] 2 S.C.R. 473
ITC Limited v. Aashna Roy
the evidence. Such practice and procedure is
fair to both the parties. Out of the two types
of objections, referred to hereinabove, in the
latter case, failure to raise a prompt and timely
objection amounts to waiver of the necessity
for insisting on formal proof of a document, the
document itself which is sought to be proved
being admissible in evidence. In the first case,
acquiescence would be no bar to raising the
objection in a superior court.”
(emphasis in original)
18. While remanding the case back to the Commission, in the earlier round
of litigation, this Court had specifically observed that ‘quantification
of compensation has to be based upon material evidence and not
on the mere asking’.
ANALYSIS
19. We may add here that whatever documents the respondent produced
along with her affidavit were in the form of photocopies. None of the
authors of those documents was summoned nor did the respondent
get a commission issued for examination of those witnesses. In case
any witness was produced, the appellant would have opportunity to
cross-examine the same regarding veracity of the documents and/
or the contents thereof.
20. Despite denial of all the documents filed by the respondent in
evidence to claim damages, the respondent did not take any steps
to prove the authenticity thereof. Some of the documents are prior
to the relevant date, namely, when the respondent had a haircut in
a salon in the hotel managed by the appellant, whereas some are
later in time. The manner in which the photocopies thereof are sought
were produced do not inspire confidence specially where the claim
of damages is made for crores of rupees. From the evidence placed
on record, a case is not made out for such a huge compensation
to the respondent.
21. At the time of hearing, the appellant had referred to each and every
document produced by the respondent along with the affidavit and
pointed out the discrepancies therein. The idea was to raise an
474 [2026] 2 S.C.R.
Supreme Court Reports
argument that none of the documents produced by the respondent
could be relied upon to award her compensation to the tune of
₹5,20,00,000/- as sought to be claimed by her or justify award of
₹2,00,00,000/-. It is in the form of a table filed along with the written
note on behalf of the appellant.
“Documents relied upon by the Respondent and Rebuttal of the
Appellant to the Documents
Date Document Original/ Appellant’s rebuttal
filed by
Photo-copy
Respondent
On Existing Job/Loss of Job
May, Pay-Slip from Photo-copy The Pay-slip does
2018 one AMC not indicate when the
Marketing Respondent quit her
Research job (if at all she did
Associates quit). It further does
indicating not indicate why she
that her net quit her job. There
salary is INR is no causal link
3.53 lakh shown to the haircut
received by her.
On the contrary, the
April, Photo-copy Pay-Slip indicates
Pay-Slip from that she was gainfully
2018
one AMC employed before and
Marketing after the haircut.
Research
The Respondent
Associates
has not produced
indicating
payslips for other
that her net
months. This apart,
salary is IN
even assuming that
3.53 lakh
thepay-slips are
legitimate, it would
not amount to INR 1
crore per annum, as
claimed.
[2026] 2 S.C.R. 475
ITC Limited v. Aashna Roy
10.03.18 E-Mail from Photo-copy The E-mail does not
Mr. Pawan indicate any specifics
Goenka of the job
informing the
that she was
Respondent
purportedly offer,
that she is
particularly the salary.
‘good fit’
for a senior There is no evidence
level position to show that
in Delhi any official offer
for which was made to the
Mr. Rajeev Respondent herein
Dubey will with any details.
get in touch There is no evidence
to ‘possibly presented to show
organize a that she lost out on
meeting’ this job opportunity
purely due to the
hair-cut.
09.04.18 E-Mail dated Photo-copy The e-mail does
09.04.2018 not indicate any
from Mr. formalized meeting
Rajeev or offer made to
Dubey the Respondent,
informing the particularly the
Respondent financial details.
to meet at 11
The emails/
AM without
messages filed are
specifying
incomplete. No offer/
the date. It
interview letter has
is indicated
been produced.
to her to
recheck
before
21.04.2018
476 [2026] 2 S.C.R.
Supreme Court Reports
On Modelling Assignments
- Photographs Photo-copy Photographs are un-
from dated and no proof
purported of receipt of payment
modelling qua these specific
assignments advertisements are
shown to prove any
legitimacy.
- Certificate Photo-copy The Certificate
from one is undated and
M/s Glitz further, no details or
Modelling and monetary aspects
Production are mentioned in the
Pvt. Ltd. Certificate.
indicating
The money, if any,
that the
received from such
Respondent
assignments have
had modelled
not been proven
from 2015-
by the Respondent
2018 and
through any pay-slip,
was offered
like she has sought
feature films.
to do with her salary.
11.12.17 Certificate Photo-copy The Certificate does
dated not contain any
11.12.2017 details or specifics
from M/s Glitz and does not provide
Modelling and any evidence
Production regarding her offer.
Pvt. Ltd. No terms and
proposing conditions relating
a second the alleged role are
lead role in set out.
a feature film
The Certificate is a
for which the
photocopy and the
remuneration
authenticity of which
would be INR
is under cloud.
60 lakh.
[2026] 2 S.C.R. 477
ITC Limited v. Aashna Roy
The role was
offered to her, even
assuming that it was,
in December, 2017
which was much
prior to the haircut.
No nexus is shown
between the loss of
assignment and the
haircut.
02.02.18 Certificate Photo-copy The document is
from Mr. Jeet illegible and unclear
Surendranath as to whether it is on
[Partner Far some letterhead.
Commercials]
The Certificate does
offering the
not indicate any
Respondent
details regarding
an annual
said modelling
modelling
assignments.
assignment
with a No agreed terms and
reputed conditions mentioned
haircare relating the said
brand and alleged assignment.
other brand There is no proof of
campaigns payment made, if
for IN 50 any, from any of the
lakh assignments
11.07.18 Certificate Photo-copy The Doctor is not
from doctor qualified to provide
dated such a certificate.
11.07.2018 Certificate is from
stating that the same doctor who
the Appellant had allegedly treated
is under the Respondent for
medical scalp disorder. The
examination certificate is of July
and that she 2018 and was
478 [2026] 2 S.C.R.
Supreme Court Reports
is suffering never filed before
from mental by the Respondent,
trauma, either in the original
depression Complaint or before
and anxiety this Hon’ble Court.
The certificate
mentions that “She
should be relieved
of his duties for
30days.”
The Respondent’s
contention that she
was in modelling
for hair-products
also belied by
these certificates
as the doctor
who issued these
certificates was not a
dermatologist.
13.02.23 Certificate Photo-copy The Certificate does
dated not indicate any
13.02.2023 details regarding
from Mr. Jeet said modelling
Surendernath assignments.
[Partner Far
The details of the
Commercials]
cast of the film on
indicating
IMDB does not show
that the
the name of the
Respondent
Respondent.
has modelled
in various There is no proof of
advertisements payment made, if
for Pantene any, from any of the
and VLCC assignments.
and has
featured in
some short
films
[2026] 2 S.C.R. 479
ITC Limited v. Aashna Roy
22. 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. It is
not a case where the Commission was considering a small issue
where compensation could be awarded by applying a thumb rule.
Claim of compensation was for crores of rupees, for which some
loss suffered by the respondent because of deficiency in service was
required to be established. This could not be established by merely
producing photocopies of the documents. Even the discrepancies in
the photocopies produced on record by the respondent, as pointed
out by the appellant, have been noticed above. Thus, even after
remand, respondent has not been able to make out a case for award
of such huge compensation.
23. In our view, on the basis of photocopies of the documents placed on
record by the respondent, the Commission has committed an error in
awarding huge amount of compensation of ₹2,00,00,000/-, which in
our view cannot be justified. The observation made by the Commission
that because of the trauma suffered by the respondent, she may not
have maintained the originals of the documents produced before the
Commission, hence, reliance could be placed on mere photocopies,
cannot be a justification for awarding such a huge compensation.
Even if the photocopies were to be produced, there are other ways
and means to justify the claim made on that basis. Even if the Code
of Civil Procedure may not be strictly applicable, the Commission has
not assessed as to how the respondent suffered loss to the tune of
₹2,00,00,000/-. General discussion in the impugned judgment may
not justify the same.
23.1 The fact remains that in the earlier round of litigation, the
appellant had deposited a sum of ₹25,00,000/- in this Court.
While deciding the appeal14 and remitting the case back to the
Commission, this Court had directed for transmission of the
said amount to it. While deciding the complaint in the second
round of litigation, the Commission had directed release of the
aforesaid amount in favor of the respondent.
14 Civil Appeal No.6931 of 2021
480 [2026] 2 S.C.R.
Supreme Court Reports
24. For the reasons mentioned above, the present appeal is partially
allowed. The impugned order passed by the Commission is modified to
the extent that the amount of compensation, to which the respondent
is entitled to, shall be restricted to the amount already released in
her favor.
Result of the case: Appeal partly allowed.
†
Headnotes prepared by: Nidhi Jain
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