Haryana

Ambala

CC/97/2022

Devender Kumar - Complainant(s)

Versus

Branch of LA-BONITA - Opp.Party(s)

In Person

02 Dec 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	97 of 2022
Date of Institution	:	21.03.2022
Date of decision	:	02.12.2022

Devender Kumar S/o Ramesh Kumar, permanent resident of Village- Hatho, Tehsil Narwana, Distt-Jind (Haryana) Serving at Air Force Station Pinto Lines, Ambala Cantt, Distt-Ambala (Haryana).

.……. Complainant

                                                Versus

1. Branch of LA-BONITA (Permanent Hair Reduction Laser Treatment), G-30, Second Floor Part-2 Lajpat Nagar New Delhi-110024 (Through its Prop/Manager).
2. LA-BONITA (A HAMLET FOR WELLNESS BEAUTY & LASER) K-1/77, Upper Basement (Ceat Tyre Showroom), C.R Park, New Delhi-110019 (Through its Manager).

.…. Opposite Parties.

 Before:        Smt. Neena Sandhu, President.                                                                           Smt. Ruby Sharma, Member.

 

Present:       Complainant in person.

                   OPs already ex parte.               

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

(a) To refund Rs.40,000/-, alongwith interest @ 18% per annum from the date of taking of the package by the complainant, till realization.

(b) To pay Rs.80,000/- as compensation on account of mental agony & physical harassment as well as monetary loss caused to the complainant and Rs.5,000/- as litigation charges.

OR

                   Grant any other relief which this Commission may deems fit.

 

2.             Brief facts of this case are that the complainant is serving at Air Force Station Pinto Lines, Ambala Cantt. On 01 Jan 2020 the complainant went to the office/Showroom of OP No.1 for full body Laser permanent Hair Laser Treatment for unwanted and excess hair and paid Rs.40,000/- to OP No.1 vide Bill Receipt No 438 dated 01 Jan 2020 with an agreement- “full package and unlimited session for 3 years”.  On 03 Jan 2020, first time, the complainant went to showroom of the OP No.1, for hair laser Therapy and after the first seating the complainant came back on his duty/home. On 05 Feb 2020 complainant again went to the showroom of the OP No.1 for hair laser therapy and after second seating the complainant came back on his duty/home. After the second therapy there was a nationwide lockdown due to COVID-19. After relaxation in lockdown, the complainant went to the clinic of the OP No.1 for further treatment and saw that it was closed. Thereafter, the complainant tried to contact the manager/doctor of the OP No.1, so many times, via telephone, but no reply was received. The complainant also tried to contact the OP No.1 on SMS, E- mails, Whatsapp but to no avail. On 15-9-2021 the complainant approached Police Station Lajpat Nagar, South East Delhi and the S.H.O concerned advised him to file a case before the Consumer Court against OP No.1. Hence, the present complaint.
3.           Upon notice, none appeared on behalf of the OPs, before this Commission, therefore, they were proceeded against ex-parte vide order dated 12.10.2022.
4.           Complainant tendered his affidavit as Annexure CA alongwith documents as Annexure C-1 to C-4 and closed the evidence.
5.           We have heard the complainant and carefully gone through the case file.
6.           Complainant has submitted that by not providing the services for which the OPs had taken hefty amount of Rs.40,000/- from him, they have committed deficiency in service and also indulged into unfair trade practice.    
7.           Perusal of record reveals that the complainant paid an amount of Rs.40,000/- vide receipt dated 01.01.2020, Annexure C-1 to the OPs towards full body laser for 3 years unlimited sessions, to be expired on 01.01.2023. In his complaint and also during arguments, the complainant has vehemently contended that despite the fact that he had paid an amount of Rs.40,000/- to the OPs towards the said services, yet, after providing the services twice i.e on 03.01.2020 and 05.02.2020, the OPs closed their clinic and did not return his money. It is significant to mention here that, as stated above, notice of this complaint was sent to OPs seeking their version of the case, yet, nobody appeared on their behalf, despite service. Notice was effected upon the OPs on 23.08.2022, through publication in newspaper (The Pioneer), but they failed to appear before this Commission, as a result whereof, they were proceeded ex-parte vide order dated 12.10.2022. This act of the OPs draws an adverse inference against them. The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant went unrebutted & uncontroverted. By neither providing the full services to the complainant nor refunding the amount paid by him, the complainant has been caused a lot of mental agony and harassment, which act amounts to deficiency in providing service and adoption of unfair trade practice on the part of OPs.  Since, the complainant has already availed two services, therefore, we are of the view that complainant is entitled to get refund of the amount paid by him, after partial deduction. Complainant is also entitled to get compensation for the mental agony and physical harassment suffered by him alongwith litigation expenses.  
8.           In view of the aforesaid discussion, we hereby partly allow the present complaint and direct the OPs, in the following manner:-
   1. To refund the amount of Rs.35,000/- (out of received amount of Rs.40,000/-) to the complainant alongwith interest @4% p.a., w.e.f  01.01.2020, i.e the date of the package, till realization.
   2. To pay Rs.3,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
   3. To pay Rs.2,000/- as litigation expenses.

                   The OPs are further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order, failing which the OPs shall pay interest @ 6% per annum on the awarded amount besides litigation expenses, for the period of default. Certified copies of the order be sent to the parties concerned as per rules.  File be annexed and consigned to the record room.

Announced:- 02.12.2022.

 

	(Ruby Sharma)	(Neena Sandhu)
	Member	President