Date of filing: 14/07/2022                                                    

Date of Judgment: 06/10/2023

Mr. Sudip Niyogi, Hon’ble President.

                                                                 BRIEF FACTS

Complainant who had hair problem and baldness visited OP No. 2 on 16/11/2019 for consultation when he was advised to book for a hair system / procedure at a cost of Rs. 24,000/- only including charges for maintenance for one year. Accordingly he paid the entire amount of Rs. 24,000/- to OP No. 2 and waited for an appointment to be given to him. An appointment in the first week of January, 2020 was given and he attended the centre of OP No. 2 on the said date but he was told that the hair dresser was not available that day as he left for his personal work. Thereafter another date was given in the last week of January, 2020 on that day also nothing was done. Thereafter he was given a date on 27/02/2020 but on that date also he had to come back as the hair dresser was not available. Ultimately on 18/03/2020 he requested OP No. 2 to refund the amount paid by him along with compensation for harassment, mental agony etc. After a series of e-mail communication OP No. 2 handed over post dated cheque vide cheque no. 003491 dated 30/05/2021 drawn on IDFC first Bank for Rs. 22,700/- only. But after the said cheque was deposited by the complainant with ICICI Bank, Shakespeare Sarani Branch on 31/05/2021 but it was dishonoured with the remark “The account is closed” vide cheque returned memo dated 02/06/2021. Subsequently also complainant sent notice for refund through his advocate but OP neglected to pay the said amount. Then complainant filed his complaint with this commission praying for refund of the entire amount paid by him along with interest, compensation for deficiency in service / unfair trade practice, harassment etc and cost of litigation.

OPs did not appear to contest this case. So it was heard exparte against them.

The only point for determination is if the complainant is entitled to relief(s) in this case?

                                                                  FINDINGS

 On the prayer of complainant the petition of complaint and also the annexure filed by him were treated as evidence on his behalf. Complainant also filed brief notes of argument. The documents (photocopies) filed by the complainant revealed that he paid in total Rs. 24,000/- by making payment on different dates to OP No. 2. It is also found from the documents that one cheque bearing no. 003491 dated 30/05/2021 in the name of Debraj Roy, the complainant for Rs. 22,700/- was issued on behalf of OP No. 2 and the said cheque was deposited with the ICICI Bank and by a communication made on 02/06/2021, complainant was informed about the amount of the said cheque not being realised in clearing on the ground “The account closed”. From the copy of the said cheque it is found that it was issued on behalf of Richfeel Health & Beauty Pvt. Ltd. and this description has been given under OP No. 1 Dr. Apurba Shah who is said to be the Founder of the said company and OP No. 2 is the service franchisee working under OP No. 1.

So, on going through the materials on record and also hearing the submission on behalf of the complainant it is found that there was deficiency in service and unfair trade practice on the part of the opposite party in not giving the service as promised even on receiving the entire amount from the complainant. So complainant is entitled to refund of the entire amount of Rs. 24,000/- along with interest @ 9% p.a. from the date of 14/01/2020 when the last amount of instalment of Rs. 6,000/- was paid to the OP. This apart complainant is also entitled to pay Rs. 5,000/- for cost of litigation.

Therefore it is

                                                      ORDERED

That the instant complaint CC/424/2022 stands allowed exparte against the OP.

OPs are directed to refund of Rs. 24,000/- to the complainant along with interest @ 9% p.a. from the date 14/01/2020 until actual payment.

OPs also directed to pay Rs. 5,000/- to the complainant for cost of litigation.

OPs are directed to comply with this order as aforesaid within 45 days from the date of this order failing which the complainant shall be at liberty to proceed in accordance with law.   

Dictated and corrected by me

President