In Brief
A minor suffered rashes due to wrong diagnosis and treatment by a nursing home and was awarded Rs. 1 lakh compensation by the District Consumer Forum. The defendants appealed and challenged this order before higher consumer commissions. The National Commission, while dismissing the defendants' revision petition, unexpectedly enhanced the compensation to Rs. 10 lakhs without notice to the defendants or revisional application by the complainant. The Supreme Court held that the District Forum's award had become final since the complainant did not challenge it, and the National Commission wrongly enhanced compensation without explicit suo moto jurisdiction or adequate notice. The Court reduced the compensation to Rs. 4 lakhs under Article 142 as substantial justice, considering the proved negligence and complainant's ongoing medical treatment, balancing fairness to both parties.
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