Tamil Nadu

South Chennai

287/2006

S.Anand - Complainant(s)

Versus

Dr.Prabha Reddy and another - Opp.Party(s)

M.Sivaramakrishnan

09 Oct 2017

ORDER

                                                                        Date of Filing :   09.05.2006

                                                                        Date of Order :   09.10.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.287/2006

MONDAY THIS  9^TH DAY OF OCTOBER 2017

S. Anand,

S/o. V.R. Soundarajan,

No.6, Yadhaval Street,

Padi, Chennai 600 050.                                    .. Complainant

                                        ..Vs..

1. Dr. Prabha Reddy,

“Praba’s V Care’,

No.30, Rajabathar Street,

IInd Floor,

Pondy Bazar,

T.Nagar, Chennai 600 017.

 

2. M/s. “Praba’s V Care”,

No.15, New Giri Road,

G.N. Chetty Road,

Near Apollo Clinic,

T.Nagar,

Chennai 600 017.                                     .. Opposite parties.

 

Counsel for Complainant            :   M/s.Sivaramakrishnan & another          

Counsel for opposite parties       :   M/s. Waraon & Sai Rams   

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.1,00,000/- as compensation for loss and injury and to pay cost of the complaint.

 1. The averment of the complaint in brief are as follows:

         The complainant submit that he after seeing the various advertisement  in T.V. Channels like Doordharshan’s Podhigai regarding the Dermatology and Trichology treatment of 1^st opposite party in various clinics approached the opposite parties 1 & 2 on 2.2.2005 at No.15, New Giri Road, G.N. Chetty Road, Near Apollo Clinic, T.Nagar, Chennai 17.    The 1^st opposite party through her staff  performed some tests and asked the complainant to pay a sum of Rs.9,000/- for arresting the hair loss.    The complainant paid the said amount of Rs.9000/- and continued the treatment for three months and paid huge amount.  Further the complainant state that while continuing the treatment of the 1^st opposite party with found hope of recovery from hair fall and white hair.   The complainant had the problem of itching, irritation, and continues hair loss.  Thereafter the complainant was compelled to transfer his heat and made the 1^st opposite party who administered some medicines caused innumerable side effects like irritation in his eyes, stomach problem and constipation and irregular bowling motion etc.  Hence the complainant stopped the medicine on 22.1.2006 due to such side effects.  The complainant was not able to attend the business activities and sustained mental agony.   As such the act of  the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.

2.    The brief averments in Written Version of  the opposite parties  are as follows:

      The opposite parties deny each and every allegations except those that are specifically admitted herein.    The opposite parties state that the complainant registered himself as a client on 2.2.2005 and after carefully studying the problems of the complainant it was diagnosed that the company was escaping from dandruff itching and premature gray hairs.   Further it was also diagnosed his body is cold and he has stress and has been continuously using die for his hair.  In pursuance of the above said findings the opposite parties gave treatment schedule after details consultation and getting confirmation from the complainant by prescribed various medicines  to cure the above said problems.    Further the opposite parties also state that in the terms and conditions that the payment is not refundable.   Hence there is no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.   

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A10 marked.  Proof affidavit of opposite parties filed and Ex.B1 to Ex.B8  marked on the side of the opposite parties.

4.   The points for the consideration is:  

Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for loss of injury, mental agony, and depression with cost as prayed for ?

 

5.      ON POINT : -

                   Both parties filed their respective written arguments and has not turned up to advance any oral arguments.   Admittedly the complainant after seeing the various advertisement  in T.V. Channels like Doordharshan’s Podhigai regarding the Dermatology and Trichology treatment of 1^st opposite party in various clinics approached the opposite parties 1 & 2.    On 2.2.2005 at No.15, New Giri Road, G.N. Chetty Road, Near Apollo Clinic, T.Nagar, Chennai 17.    The 1^st opposite party through her staff  performed some tests and asked the complainant to pay a sum of Rs.9,000/- for arresting the hair loss.    The complainant paid the said amount of Rs.9000/- and continued the treatment for three months and paid huge amount.  But the complainant filed receipts Ex.A1 to Ex.A8 for a sum of Rs.8,682.95 alone.   On the other hand the opposite party categorically admitted that the complainant extended a sum of Rs.25,000/-.   Further the contention of the complainant is that while continuing the treatment of the 1^st opposite party with found hope of recovery from hair fall and white hair.   The complainant had the problem of itching, irritation, and continues hair loss.  Thereafter the complainant was compelled to transfer his heat and made the 1^st opposite party who administered some medicines caused innumerable side effects like irritation in his eyes, stomach problem and constipation and irregular bowling motion etc.  Hence the complainant stopped the medicine on 22.1.2006 due to such side effects.  The complainant was not able to attend the business activities and sustained mental agony.   The complainant is aged 30 years at the time of treatment and was a bachelor.   The complainant suffered heavy loss of hair, loss of reputation, mental agony and depression due to mal treatment of the opposite party.  The complainant is claiming a sum of Rs.1,00,000/- towards compensation for such negligent and deficiency of service.

6.     The contention of the opposite party is that admittedly on seeing the advertisement the complainant after for treatment.   The complainant approximately paid a sum of Rs.25,000/- towards treatment. The complainant administered only Siddha treatment it should have no side effect.  Further the contention of the opposite parties is that the Dermatology and Trichology treatment there may be side effect.    Whether the hair cannot be magically turned into gray hairs suddenly.    The process of treatment administered was not fully followed by the complainant  made resulted  some side effects which was not caused any mental agony.   The contention regarding marriage prospects stress and depression never arise because the complainant came forward the treatment with the complaint of dandruff, hair fall.   But it is seen from the records that the complainant sustained somebody infirmity  to the side effect medicines administered.  Therefore the opposite parties committed deficiency in service.    Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties 1 & 2  are jointly and severally liable to pay compensation of Rs.25,000/- towards mental agony and stress and also to pay cost of Rs.5,000/- to the complainant and point is answered accordingly.

In the result the complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable to pay compensation of Rs.25,000/- (Rupees twenty five thousand  only) towards mental agony and stress  with cost of Rs.5,000/-  (Rupees Five thousand only) to the complainant.  

The aboveamount shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amount shall carry interest at the rate of 9% p.a to till the date of payment.  

            Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 9^th day  of  October  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1-  2.2.2005   - Copy of bill issued by the opposite party.

Ex.A2-  2.2.2005   - Copy of bill issued by the opposite party.

Ex.A3- 12.2.2005  - Copy of bill issued by the opposite party.

Ex.A4- 16.3.2005  - Copy of bill issued by the opposite party. 

Ex.A5- 24.4.2005  - Copy of bill issued by the opposite party.

Ex.A6- 29.5.2005  - Copy of bill issued by the opposite party.

Ex.A7- 21.12.2005         - Copy of bill issued by the opposite party.

Ex.A8- 22.1.2005  - Copy of bill issued by the opposite party. 

Ex.A9- 18.3.2006  - Copy of legal notice.

Ex.A10-1.4.2006   - Copy of reply notice.

 

 

Opposite parties’ side document: -     

Ex.B1- 2.2.2005    - Copy of consultation form.

Ex.B2- 7.2.2005    - Copy of Personal Profile Form.

Ex.B3-         -        - Copy of TRICHO (Hair report).

Ex.B4- 3.11.2005  - Copy of consultation card for Hair treatment.

Ex.B5- 18.3.2006  - Copy of legal notice.

Ex.B6- 1.4.2005    - Copy of reply notice.

Ex.B7-         -       - Copy of an article published in internet.

Ex.B8-         -       - Copy of an article published in internet.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.