CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.320/2013
MR. VINOD
S/O SH. SUKHBIR SINGH RAGHAV
R/O 731/7, GOVIND PURI,
KALKAJI, NEW DELHI-110019
…………. COMPLAINANT
Vs.
DR. SANDEEP BHASIN, PROPRIETOR
M/S CARE WELL MEDICAL CENTRE
LAPROSCOPIC & COSMETIC SURGERY CENTRE
R/O H.NO.1, NRI COMPLEX,
C.R. PARK, NEW DELHI-110019
…………..RESPONDENT
Date of Order:07.09.2018
O R D E R
A.S. Yadav - President
The complainant, Mr. Vinod has filed the present complaint under section 12 of the Consumer Protection Act, 1986 against Dr. Sandeep Bhasin, Proprietor, M/s Care Well Medical Centre, hereinafter referred to as the OP. The facts narrated in the complaint, briefly stated are that the marriage of the complainant was fixed for 9th December, 2012. He further submits that there was some “scarcity of hairs in the centre of the head and forehead of the complainant”, so he was in search of a doctor and appropriate treatment to regrow his hair on bald area of his head. The complainant submitted that in October, 2012 he was searching on internet and found the advertisement “to regrow more of your own hair or your money back” i.e. guaranteed treatment and the complainant contacted the OP at his Care Well Medical Centre and after a long discussion and submission, the OP confirmed his guarantee as per his advertisement on internet to the complainant to regrow his hair. The complainant deposited the treatment fees of Rs.60,000/- on 27.10.2012, as demanded by the OP for the full treatment. It is submitted that the complainant took treatment of OP from 27.10.2012 to 14.11.2012. The OP had also tried transplantation of hair from one place to another and thereby took out a part of the skin from backside of the skull was cut and planted on forehead but all treatment went in vain. It is submitted that the OP has cheated the complainant and has taken a huge amount in the name of hair treatment, and was made to suffer the pain of swelling on face, nose, eyes etc. and mental agony and pain, his eyes remained red with unbearable pain up to two weeks and that neither the transplantation nor the medicinal treatment has succeeded. The complainant served a legal notice dated 16.4.2013 to the OP, and reply thereto was also received and contents thereof have been mentioned in the complaint. It is submitted that due to the conduct of the OP, the complainant has suffered mental and physical harassment, besides monetary loss, pain and agony due to the unfair trade practice and deficiency in service on the part of the OP. The complainant has prayed that a compensation of Rs.1,10,000/- may be directed to be paid to the complainant for the mental torture and agony suffered by him due to the conduct of the OP and expenses incurred in treatment apart from Rs.15,000/- towards litigation charges.
OP in reply took the plea that the complaint under reply is liable to be dismissed as no cause of action for filing the same arose in favour of the complainant. It is submitted that OP, Dr. Sandeep Bhasin, is a renowned Hair transplant surgeon and qualified medical expert well experienced to treat such patients who require hair transplantation for cosmetic purposes. Dr. Sandeep Bhasin has done numerous hair transplantation procedures and all of them brought satisfactory results to number of patients and there has been no inch of complaint of any nature occurred in the course of his professional practice/career ever. It is submitted that medical science is a vast phenomenon in itself with no predefined boundaries and there are multiple factors which could influence the overall outcome of any surgical procedure such as many anatomical and physiological factors, the pathological factors, course of recovery and the post operative follow up. It is submitted that the patient had given express consent and he had been thoroughly informed about the nature and consequences of such procedure/treatment, the possible outcome and the risks involved and he consented the same in his complete understanding consciously. It is submitted that it is an established fact that some percentage of hair may not be grown out of the total graft transplanted in one session or sitting, and he was therefore advised to have few complementary sessions free of charge. He was also advised to have certain medications and adjuvant therapy such as mesotherapy and PRP therapy, in case hair growth has not been optimal. However, he denied taking up any of the therapy/treatment prescribed. It is submitted that on the day one, at the outset of treatment, the complainant had started making all sorts of nuisance and threatened OP on many occasions for initiating legal proceedings in case of any wrong. The complainant had thrown all kinds of tantrums and started making all sorts of complaints ranging from questioning to the competency of OP to misbehaving with the ladies staff in the clinic. He also threatened Dr. Sandeep Bhasin on many occasions and tried to extort money from him. The complainant also tortured him by shouting abuses on him and entered his hospital with goons and misbehaved with the staff and other patients creating ruckus. It is submitted that the only motive of the complainants was to extort some money from Dr. Sandeep Bhasin and the treatment was only an excuse by which they could gain any entry to clinic and could maliciously play their fraudulent ploy to extort money. It is prayed that the complaint be dismissed.
We have gone through the case file carefully.
Dr. Sandeep Bhasin is MBBS and MS. He was fully competent to do hair transplantation. The complainant has failed to prove any negligence on the part of OP in doing hair transplantation. It is a fact that there are multiple factors which could influence the overall outcome of any surgical procedure. It is also a fact that some percentage of hair may not be grown out of total graft transplanted in one session. OP has specifically stated that the complainant was advised to have few complementary sessions free of cost and he was advised to have certain medications and adjuvant therapy such as mesotherapy and PRP therapy, in case hair growth has not been optimal. However, the complainant refused to take such therapy.
Simply because desired result has not come, it does not mean that there was medical negligence. The point for consideration is that Dr. Sandeep Bhasin is running Care Well Medical Centre and has given an advertisement wherein he has stated that “We guarantee to regrow more of your own hair or your money back”.
A deceptive assurance has been given that there will be a guarantee to regrow more of your own hair or your money back. Such type of advertisement tantmounts to unfair trade practice and trick when OP himself has stated in the reply that there are multiple factors which could influence the overall outcome of any surgical procedure such as many anatomical and physiological factors, the pathological factors, course of recovery and the post operative follow up. Admittedly the hair did not regrow after transplantation. In the thick of advertisement “We guarantee to regrow more of your own hair or your money back”, OP is bound to refund the amount.
OP is directed to refund a sum of Rs.60,000/- to the complainant alongwith interest @ 10% p.a. from the date of filing of the complaint. OP is further directed to pay Rs.5,000/- towards compensation and Rs.5,000/- towards litigation expenses.
Let the order be complied with within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(RITU GARODIA) (H.C. SURI) (A.S. YADAV)
MEMBER MEMBER PRESIDENT
