DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.718/2010
Mr. Vishal Ganda
C-20, South Extension-II
New Delhi-110049 ……Complainant
Versus
1. Genesis, The Wellness Clinic
A/13, Shivalik, Malviya Nagar,
New Delhi-110017
2. Dr. (Ms) Megha Kumar
A/13, Shivalik, Malviya Nagar
New Delhi-110017 ……Opposite Parties
Date of Institution : 2010 Date of Order : 01.01.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated, the case of the Complainant is that he visited the office of OP No.1 having OP No.2 as a doctor for reduction of hair growth and for treatment of skin through state-of-the-art laser machines. He was promised for complete reduction of hair growth and was offered a full back package (full reduction) on his legs, arms, front and rear body etc. (12 sittings) by the OPs. He made the payment of the said amount of Rs.35,000/- vide receipt dated 15.05.10 for Rs.20,000/- and receipt dated 29.05.2010 for Rs.15,000/-. The treatment was commenced on 15th May, 2010. Initially, he was surprised and overwhelmed to find that the treatment was done through an unqualified and untrained technician (Mr. Gaurav) without supervision of any professionally qualified person including OP No.2. He was told by the manager at the premises (Ms. Rose) that OP No.2 would be coming at any moment and the treatment would certainly be supervised by her. However, OP No.2 never met him nor supervised the treatment or even shown her face and the same was continued upto four sittings. He was repeatedly requesting the Manager (Ms. Rose) to set up his meeting with OP No.2 or atleast arrange a telephonic discussion with her but to no avail. Thereafter, OPs started delaying in giving him the sittings and with great difficulty he could manage a sitting after a gap of 2 months i.e. on 8th August, 2010. On 14.08.2010, he was again called by the Manager with a promise and assurance that the OP No.2 would be available in Clinic and the treatment would be carried by her but neither the OP No.2 nor any other responsible person was available and the treatment was not done. On 29th August, 2010 he went to the clinic at the appointed time and yet did not find OP No.2 and instead the same unqualified and untrained technician (Mr. Gaurav) started preparing for the treatment but this time on a different machine. On enquiry, he was told that the new machine on which the Complainant was being given treatment had gone out of order and if he wanted the treatment, it will be possible only on this old machine. Immediately, after having the treatment for a sort while, his skin started burning and he insisted for stopping the treatment but his body had already burnt and OP No.2 had still not arrived. He called up his father, brother and simultaneously the Police Control Room by dialing 100. Mr. Prem Singh, Sub-Inspector, P.S. Malviya Nagar alongwith one constable (Mr. Shishu Pal) arrived and after some initial investigation took him for medical examination at Jai Prakash Narayan Apex Trauma Centre. As per the Medical Examination, multiple burn marks all over his body were found. Mr. Prem Singh, Sub-Inspector had some discussion with OP No.2 and later informed him that there was no cognizable offence made out and the file was consigned to record room. A legal notice dated 8th October, 2010 was sent to the OP No.1 & 2 through speed post demanding the OPs to return the sum of Rs.35,000/- but the OPs have not replied the same. Pleading deficiency in service on the part of OPs, the Complainant has prayed as under:-
- Direct the OPs to refund Rs.35,000/- to the Complainant.
- Direct the OPs to pay Rs.5 lakh as compensation/damages for harassment and mental agony caused to the Complainant.
OPs in the written statement have inter-alia stated that they have experienced staff who are trained and have expertise in their field. The staff is trained by qualified professionals and under the constant supervision of OP No.2. The Complainant never made complaint about the staff on any occasion regarding his treatment and on various occasions OP No.2 was available in the venue. The delay was on the part of the Complainant as he was not willing to take early dates. The Complainant was satisfied with the treatment given to him as he had in his own handwriting given “very good” in the remarks column after the treatment. OPs have stated that on the said date the Complainant came to the clinic with malafide intention and started to create a scene at the clinic and the OPs tried to calm him down and check with him regarding the issue but he without any reason called his father, brother and the PCR. OPs have stated that they had not committed any negligence during the treatment but the Complainant wants to have more sitting to get the treatment done at other places which he had not told earlier to the OPs and he threatened them for dire consequences. OPs have prayed for dismissal of the complaint.
No rejoinder has been filed by the Complainant.
Complainant has filed his own affidavit in evidence. On the other hand, affidavit of OP No.2 has been filed in evidence.
Written arguments have been filed on behalf of the parties. We have heard arguments of the Counsel for Complainant and have also gone through the file very carefully.
Admittedly the Complainant paid Rs.35,000/- for his treatment to the OPs. During the sitting dated 29.08.10 the Complainant’s skin started burning and he had called his father, brother and PCR (Police Control Room). After investigation the police took him for medical examination at Jai Prakash Narayan Apex Trauma Centre. The report Annexure-3 (colly) of the hospital shows that multiple burn marks of 4 cm by 2 cm were found all over the body of the Complainant. This fact has also not been denied by the OPs either in their written statement or in the affidavit of OP No.2.
In view of the above, it is proved that on 29.08.2010 during skin treatment at OP No.1 by an untrained and unqualified technician the Complainant had sustained multiple burn marks. It proves that the OPs had not done the treatment properly. Hence, there is a deficiency in service on the part of OPs.
We allow the complaint and direct the OPs to refund the payment of Rs.35,000/- to the Complainant alongwith 6% interest per annum from the date of filing of complaint till the date of realization. Keeping in view the gravity of negligence adopted by the OPs in giving skin treatment to the Complainant which ultimately had caused multiple burn marks to him and the fact that instead of admitting their mistake or negligence OPs had influenced the PCR or the local police, OPs are also directed to pay a sum of Rs.1,00,000/- (Rupees one lac only) for harassment and mental agony undergone by the Complainant within one month from the date of receipt of copy of this order.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 01.01.2016
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
