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2004 DIGILAW 48 (UTT)

Kamla v. K. P. Kuniyal

2004-05-11

K.D.SHAHI, SURENDRA KUMAR

body2004
JUDGMENT 1. The complainant has filed this appeal against the order dated 19.12.2003 / passed by the District Forum, Almora whereby special cost of Rs: 10,0001- (Rupees Ten Thousand) was awarded against the c9mplainant. 2. This appeal was not pressed by the complainant to get any compensation but it was pressed that the amount of exemplary cost be quashed. 3. The Learned Forum has given the details, how the opposite party has been harassed. In fact the complainant herself misbehaved and entered in the operation theatres and created disturbance and filed a complaint alleging the deficiency in service of the doctor. In such cases, cost should be allowed against such complainants. 4. The Learned Counsel for the complainant argued that if the complainant was not a consumer the Learned Forum has got no jurisdiction to award punitive cost. The cost has been awarded not against the consumer, but against the complainant and it is also provided under Section 26 of the Consumer Protection Act, that if the complainant is found to be frivolous or vexatious, for reasorrs to be recorded In writing, the Forum car dismiss the complaint and can make an order that the complainant shall any to the opposite party such cost not exceeding Rs. 10,000/- (Rupees Ten Thousand), as may be specified in the order. In this case the Learned Forum has awarded the maximum cost, which it could have. 5. It is true that the complaint is vexatious one but still the maximum cost of Rs. 10,000/- (Rupees Ten Thousand) is definitely on the higher side. In the ruling reported in 1998 (1) CPC 640 Punjab, Pramjit Kaur versus Doaba Hospital, where the complaint was found frivolous in similar circumstances, the Learned Forum has allowed cost of Rs. 5,000/- (Rupees Five Thousand). 6. We find that in the circumstances as such. the special cost shall be reduced to Rs. 5,000/- Rupees Five Thousand Only). The rest part of the order passed by the Learned Forum is to be confirmed. ORDER The order under appeal is hereby modified to the extent that the complainant shall pay special cost of Rs. 5,000/- (Rupees Five Thousand Only) to the opposite party. The rest part of the order passed by the Learned Forum is hereby confirmed. Cost of this appeal shall be easy.