SC Cuts NCDRC’s Award of Rs.2 crores for faulty hair cut at ITC Beauty Salon, for lack of evidence

In the first round of litigation, the Supreme Court confirmed the finding of fact on deficiency in service on the part of the appellant.  However, the matter was remanded on the quantum of compensation there was no material or evidence in support of her claim for Rs.2 crores under the head “pain, suffering and trauma”.

After the remand, the compensation claim was increased to Rs.5,20,00,000/- as against original claim of Rs.3 crores.  The respondent filed an affidavit and application with 15 documents.

The appellant filed affidavit and denied all the documents. It was stated that the documents are mere copies and the complainant be directed to produce originals with inspection to the appellant. The appellant also filed two applications for production of original documents and to cross-examine the respondent.

HELD that 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.

In our view, the Commission committed an error in granting huge compensation of Rs.2 crores on the basis of photocopies of documents.

The NCDRC erred in observing that because of the trauma, the respondent may not have maintained originals and reliance could be placed on the photocopies for grant of huge compensation.

Deficiency in Service – Faulty Haircut of the Model in the Beauty Salon of ITC Maurya Hotel, New Delhi, leading to the loss of confidence in the corporate job.

Judgment dated 6.2.2026 of the Supreme Court in Civil Appeal No.3318 of 2023 of ITC Limited   Vs.   Aashna Roy