Smt. Sangita Paul, Member

This is a case filed by Smt. Swapna Mallick, W/o.
Arun Kumar Mallick residing at 128 Kumore Para Road, P.O. – Rajpur, P.S. – Sonarpur, Kolkata – 700 149, Dist. – 24 Parganas (South), against Habib Hair =& Beauty Salon and Academy, A franchise of Habib with a prayer for a direction against the OP to refund the booking money of Rs.10,000/- along with interest w.e.f. 16.08.2019 and to give compensation to the tune of Rs.20,000/- only.

OP is Habib’s Hair and Beauty Salon, an Academy, a franchise of Habib.  The Branch Office is situated at 414, N.S.C. Bose Road, Narendrapur, Kolkata – 700 103 Dist. – 24 Pgs (South), P.O. & P.S. – Narendrapur.

The complainant, by filing this case states that the complainant placed an order to the OP on 16.08.2019 for attending an occasion which was held at the residential address of the complainant for a “party make-up” on 17.01.2020.  The complainant paid a sum of Rs.10,000/- only in advance on the said date i.e. 16.08.2019 and of total Rs.22,500/- including all taxes and changes along with cost of transportation and the OP issued a  money receipt to that effect, in favour of the complainant and the OP assured the complainant that the beauticians of the OP will attend the occasion on 17.01.2020 at the residential house of the complainant and would provide service.  The OP further stated that on 17.01.2020, after providing service the beautician would take the rest amount i.e. Rs.12,500/- from the complainant and there is no need to send a reminder  in the meantime.  As they were professional in nature. 

That on 17.01.2020 no one came to the residential house of the complainant from the OP for execution of the service or to provide the service of makeup.  The complainant tried to contact with the OP but the OP did not turn up.  It caused great inconvenience.  The complainant was humiliated and the prestige of the complainant was undermined in presence of the guests and relatives.

Thereafter the complainant approached the OP and requested the OP for refunding the booking amount of Rs.10,000/-.  The OP insulted the complainant and did not refund. 

Then the complainant approached the Assistant Director of C.A. & FBP.  But the OP did not pay any heed and the mediation failed. 

The cause of action arose on 16.08.2019 and 17.01.2020 and it is still continuing.  Hence the complainant prays for directing the OP to refund the booking money of Rs.10,000/- along with interest which has been paid the complainant on 16.08.2019, to pass necessary order for giving compensation of Rs.20,000/- only.   

In the written version the OP states that the complaint filed on diverse frivolous and motivated ground. 

OP is well established beauty parlour and is running their business smoothly without hindrance from any corner.

OP states that on 17.01.2020 i.e. on the day of the occasion, the OP went to the place of the complainant and tried to find out the complainant’s house.   OP rang for several times to reach the complainant, but the complainant did not provide the proper address to the OP.  So the OP was unable to reach the destination in proper time.  This is not at all the fault of the OP.  Being a reputed institution the OP also offers the complainant the advance amount by deducting the minimum charges as conveyance expenses.

The OP states that the complainant used the filthy languages and threatened to ruin his reputation. 

OP states that the wanted to solve the problem at the office of the Registrar but the complainant did not go to solve the problem.

The OP states that the complainant is barred by the law of limitation.  So, the complainant is not entitled to any relief. 

The OP prays for dismissing the complaint with cost. 

The complaint was filed on 18.02.2020. The complaint was admitted on 07.01.2021.  On 08.02.2021, OP No.1 appeared.  On 08.10.2021 the complainant files a petition praying for expunging the name of OP No.2.  After hearing, the name of OP No.2 has been expunged.  On 02.12.2021 the exparte order against OP No.1 was vacated and the amended complaint petition was filed.  On 07.01.2022 the OP prays for time for filing W/V.  The prayer of the OP was rejected and the case was declared exparte against the OP.  On 10.02.2022 OP files W/V.  But the case has already been declared exparte against the OP.  On the 02.03.2022 the OP files a petition for vacating the exparte order.  On 13.04.2022 complainant receives the copy of W/V from record.  And a cost of Rs.500/- was imposed upon the OP and the exparte against the OP was vacated.  On 24.05.2022 the complainant filed additional evidence. The cost of Rs.500/- was not paid by the OP.  On 15.09.2022 argument of the complainant was heard.  The cost of Rs.500/- was not paid by the OP and accordingly the judgement was passed. 

Points of consideration :-

1. Is the complainant a consumer?
2.   Is there any deficiency in service and unfair trade practice adopted by the OP?
3. 03.  Is the complainant entitled to get relief as prayed for?

Decision with reasons :-

            On perusal of records and documents, it appears that the complainant placed an order to the OP for attending an occasion at the residential complex of the complainant.  The order was placed on 16.08.2019.  The complainant paid a sum of Rs.10,000/- in advance on the same day, i.e. on 16.08.2019.  There was an outstanding amount of Rs.12,500/-.  The amount includes all taxes and charges, along with transportation.  The OP issued a money receipt to that effect.  The money receipt was issued in favour of the complainant.  The complainant paid Rs.10,000/- as per the direction of the OP.  As the complainant paid the advance amount of Rs.10,000/-, he is a consumer u/s 2 (7) of the C.P. Act, 2019.  Hence, the 1^st point is decided in favour of the complainant.

2.  There was a verbal agreement between the complainant and the OP, but the OP did not act accordingly.  On the day of the occasion i.e. on 17.01.2020, the OP did not turn up  at the residence of the complainant.  Though a token money was received by the OP, yet the OP did not keep his promise.  He assured that he would come at the residence of the complainant.  OP informed the complainant that they were very professional in nature.  They would reach the destination in time, but the OPs failed to attend.  The OP received the advance amount, but did not provide service.  Neither the OP picked up the phone of the complainant nor they reached the spot.  The complainant suffers due to utter negligence and deficiency in service adopted by the OP.  The complainant rang up for several times, but the OP did not respond.  The complainant paid money, but the OP did not provide service.  If the OP would have informed the complainant, the complainant could have hired another beautician.  But the present situation is altogether different.  The complainant paid Rs.10,000/-, waited for the whole evening, but the OP did not come to the complainant’s residence.  It was very easy to contact but the OPs somehow failed.  It was obligatory to reach the complainant’s house.  Neither the OP turned up nor they refunded money.  Complainant fell in trouble due to unfair trade practice adopted by the OP.  The social prestige of the complainant was damaged completely.  Hence, the 2^nd point is decided in favour of the complainant and against the OP.

3.  The complainant hired the service of the OP, a reputed company in the beautician industry.  But the OP did not act according to his promise.  The complainant was certain that the OP would turn up in time.  She would take her makeup.  But the plan of the complainant did not materialize.  It is very hard to imagine that the OP could not trace the house of the complainant.  The complainant did not pick up the mobile phone.  But the reality was somewhat different.  The complainant paid money.  She was eager to pick up the phone of the OP.  Because she wanted to have her makeup.  She already paid Rs.10,000/-.  The complainant wanted to have the service of the OP.  But the OP did not turn up.  The complainant could not take her makeup due to utter negligence and fraudulent act of the OP.  Complainant was harassed.  Her social prestige was damaged.  She faced monetary loss.  These activities caused mental agony of the complainant.  Hence, she is entitled to get the relief as prayed for. 

In the result, the complaint succeeds. 

Hence, it is

                                                                                 ORDERED

That the complaint case be and the same is allowed on contest against the OP with cost of Rs.11,000/- (Rupees eleven thousand).

That the OP is directed to refund the amount of Rs.10,000/- (Rupees ten thousand) with simple interest @ 10% p.a. w.e.f. 16.08.2019 till realization within 60 days from the date of this order.

That the OP is directed to pay compensation to the tune of Rs.20,000/- (Rupees twenty thousand) to the complainant within 60 days from the date of this order. 

That the litigation cost of Rs.11,000/- (Rupees eleven thousand) is to be paid within the stipulated period of 60 days.

That the complainant is at liberty to put the order into execution if the orders are not complied with within the stipulated period of 60 days.

Let a copy of the order be supplied free of cost to the parties concerned. 

That the final order will be available in the following website www.confonet.nic.in.

Dictated and corrected by me.                             

                   Member