Order No.                 .

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that the OPs became the Health Care Unit known as “Infancy Health Care” and OPs claimed that its main features is various types of hair treatment out of which one is “Stem Cell Hair Therapy” and being allured by the advertisement given in the Ananda Bazar Patrika dated 31-07-2011 complainant contacted with the OP and after consultation with the consultant doctor of the OPs Health Care Centre they firmly assured that the problems of hair fall and others of the complainant will be solved within one year and accordingly as per the norms and rules of the OP complainant paid Rs.25,000/- on 16-08-2011 out of total package Rs.55,000/-.  Thereafter, complainant paid Rs.29,000/- dated 11-09-2011, Rs.1,000/- dated 15-08-2011 to the OP.

          After that on first sitting Stem Cell Therapy of hair was done on 16-08-2011 and prescribed necessary medicine.  Thereafter, No.27 sitting were done at the said Health Care Unit as per recommendation of the doctors but no successful result was found.  In such a situation complainant asked the OPs for return of the entire amount so far received and requested the in-charge of the OPs not to misguide innocent patients by giving false advertisement in the paper or magazine as well as verbal commitment. 

          Despite repeated requests from the complainant OP did not refund any amount and being frustrated filed complaint before CA& FBP Deptt. and on receipt of the complaint Consumer Affairs Department sent notice to OP but the OP did not turn up and in the above circumstances for adopting unfair trade practice and for negligent manner of service and also for alluring the complainant by misleading advertisement and further for financial loss of the complainant and for mental sufferings complainant filed this compliant before this Forum praying for directing the OPs for refund of the sum and compensation.

          On the other hand OP by filing written statement submitted that the complaint is not maintainable in the eye of law and in fact, OPs provided various medical and related services to its customers pertaining to hair and skin problems and aesthetics and also provide homoeopathy treatment and they are running the said business since 2010 with utmost reputation and provide satisfactory and excellent health care services to its customers for 4 years. 

          It is further submitted that the complainant approached the OP1 on August 15, 2011 for her problem and/or baldness and expressed his interest to undergo necessary treatment in the Health Care Clinic run by the OP1 and as per standard rules and procedure followed by the OP1, the complainant was provided with a Male Hair Assessment Form wherein he admitted that there are several cases of baldness in his family.  He also admitted that he had a medical history of suffering from dandruff problem and that he is a regular hair colour user.  Thereafter, complainant underwent a treatment under Dr. S. Paul who recommended him for a Stem Cell Therapy and package money was fixed Rs.55,000/- which the complainant paid by instalments.  After that he underwent said treatment in the clinic of OPs and complainant was provided with a consent form containing the nature and various features of a standard Stem Cell Therapy incorporating both its pros and cons and in the said consent form it is specifically mentioned that the results are usually received by a patient in a slow and gradual space.  It is further submitted that Stem Cell Therapy is a non-surgical re-growth hair treatment and the therapy is usually completed within a single sitting.  The procedure as followed in the Stem Cell Therapy is that 25 to 30 hair with roots intact are taken from the side and back parts of the patient’s head and are cultured in laboratory along with blood cells and new Stem Cell are created.  Thereafter, such new Stem Cells are injected in the scalp of the patient above the skull where the hair loss and/or baldness have occurred.  As a result by injecting such new Stem Cells in the scalp of the patient new hair eventually grows in those parts of baldness.  Usually, after four to six months the result can be started to be witnessed although this period varies from patient to patient.  But it is specifically mentioned that the Stem Cell Therapy also necessitates certain post therapy maintenance procedures such as Low Lever Laser Therapy, Stem Therapy, Dandruff Control Therapy and Oil Control Therapy and the post therapy maintenance are as such not parts of the main Steam Cell Therapy but are only incidental to it.

          Complainant underwent his Stem Cell Therapy on 11-09-2011 under the treatment of Dr. S. Paul in the clinic of the OP1 and after his treatment was completed he visited a few times to the office of the OP1 to take post therapy maintenance. 

          It is specifically mentioned that in the advertisement there is no allurement to anybody but it is advertised as per norms and only one sitting was done for Stem Cell Therapy and 27 sitting were never held and that story is baseless and unfounded and further it is submitted that OP never misguided any patient by giving any advertisement in any paper and/or magazine or through verbal commitments as alleged and further OPs never assured the complainant that his hair shall grow on the bald area after Stem Cell Therapy and there is no assured result as it is specifically mentioned everywhere and also in the consent letter. 

          But it is admitted that complainant made a complaint before CA&FBP Department and, in fact, on 14-01-2013 the OPs offered to the complainant to take a hair re-growth treatment at free of cost in order to ensure that his persisting hair problem may be solved rapidly but unfortunately, despite receiving such request and the follow up phone calls the complainant did not show any interest to take such complementary service offered by the OPs to him and a copy of the letter dated 11-02-2013 whereby a communication was made to the Deputy Assistant Director, CA&FBP wherein the fact of offering such complementary services to the complainant is contained.  So, the entire complaint is false and fabricated and so, the complaint should be dismissed with cost.

Decision with Reasons

After thorough and indepth study of the complaint and written version and also overall assessment of the argument as made by the Ld. Lawyers of the complainant and OP it is found that it is no doubt a truth that Infancy Health Care by advertisement in the different Patrikas including Anandabazar Patrika on 31-07-2011 publication advertised that by Stem Cell Therapy new permanent hairs as per natural hair growth new hair shall grow and it also controlled fall of hairs and by taking such treatment person within the age of 18 to 80 can get the benefit of hair growth.

          Complainant is a sufferer of bald head and in this case being allured by the advertisement of the OPs complainant went to the OPs and they assured that the problem of hair fall and related matter of the complainant will be solved within one year and for which complainant shall have to pay a total package money of Rs.55,000/- and accordingly complainant paid Rs.29,000/- on 11-09-2011, Rs.1,000/- on 15-08-2011 and Rs.25,000/- on 16-08-2011.  Thereafter, first Stem Cell Therapy was done on 16-08-2011 and as per complainant 27 sitting were done at the said health care unit as per recommendation of the doctor but no result was found.  In the advertisement it is specifically mentioned that if Stem Cell Therapy is taken by any person within the age group of 18 to 80 in that case hair fall shall be controlled and new hair shall easily grow as per natural growth of hair and it is also mentioned in the said advertisement after growth of said hairs it shall be just like natural hair of head but complainant when did not find any result asked the OP to return entire amount but the OP did not refund any amount.

          Fact remains being frustrated about the manner of treatment and their assurance for growth of hair complainant lodged a complaint before Consumer Affairs Department.  Being complaint index no.159/CAD-G/12-13 Memo No.3986(2)-CA/G dated 01-11-2012 and no doubt the OPs were asked to appear before Deputy Assistant Director of CA&FBP  and peculiar factor is that OPs have tried to convince this Forum by producing a letter issued by Dr. Debasish Choudhury, Managing Director Infancy Health Care dated 11-02-2013  that they already reported the Deputy Assistant Director that they may be given a chance to provide him one day procedure hair re-growth treatment at free of cost which ensure confirm hair re-growth because he came to their clinic to solve his problem and it is their motto to satisfy the patient not to dishearten them.  If this letter of the OP addressed to the Deputy Assistant Director, CA&FBP is mutually considered then it can safely be said that they have admitted that complainant did not get result of stem cell hair therapy and so, the OPs gave a confirmation by that letter to the Deputy Assistant Director that they will provide complainant one day procedure hair re-growth treatment free of cost which ensure confirm hair re-growth.  That means after spending Rs.55,000/- complainant has not got a single hair re-growth on his head that is admitted and when the matter was reported to CA&FBP at that time they realized that complainant shall go to Forum for refund of money because the OPs have realized that they have failed to give any result as per the advertisement dated 31-07-2011 and this very particular letter simply proves that their advertisement for confirmed re-growth of hair is nothing but false and fabricated one and fact remains the bald headed complainant after spending Rs.55,000/- did not find any re-growth of hair and that has not been denied by the OPs either before the CA&FBP by that letter or before this Forum by written version.

          So, considering that fact it is clear that confirm hair re-growth on the basis of Stem Cell Therapy or hair re-growth treatment is completely a myth but in the present age such sort of advertisement is being given so that people at large may go to that clinic for her re-growth but in most of the cases the person who desire to get such relief are not getting the same but such sort of fake business are being run by different clinics.  In this context it is to be mentioned that the very letter of the OP dated 11-02-2013 as submitted by Dr. Debasish Choudhury, Infancy Health Care simply proves that OP failed to grow any hair on the head of the complainant but realized Rs.55,000/- for which they prayed before Deputy Assistant Director, CA&FBP to give him a chance to have confirm hair re-growth but there is a word “nera beltalay ekbar e jay”  and that letter also confirms that they failed to re-growth hair on the head of the complainant.  For that reason to avoid refund of Rs.55,000/- they again prayed before CA&FBP, Assistant Director, for giving a chance for confirm hair re-growth but it is a practice adopted by the OPs in the market and no doubt they are running a fraud business by wide circulation and publicity and the bald headed persons (taklus) are being deprived and practically OPs are here and there to rub their hands on the bald heads of the customers and to cut their pockets silently in such a manner.

          But in this case the vital question is whether the use of stem cells therapy for hair loss treatment will give any result to any bald headed person.  Practically in this case after considering the prescription it is found doctor has mentioned his specialized degree or about their any special knowledge regarding creating stem cells. 

          Another factor is that not a single authoritative book in respect of Stem Cell Therapy for hair loss treatment is produced.

          Moreover, OP in their evidence in chief in para 7 has stated that the complainant was provided with Male Hair Assessment Forum wherein complainant clearly admitted history of several cases of baldness in his family as provided.  Complainant has a long medical history of suffering from dandruff related problem and he is regular colour user and OP has tried to convince that such sort of treatment may vary from patient to patient and in the present case expected result was not found in view of the fact that complainant has a medical family history of baldness in his family particularly to his immediate predecessors on his both maternal and paternal sides so the complainant was cautioned that it would be impractical for him to expect dense hair growth within a few months.  However, he was assured that despite the peculiarity of his problems he would see some improvement in his hair growth and after giving such note of precaution to the complainant OP undergo the therapy on consent of the complainant.

          Now, the most interesting point is that whether any prescription before undergoing stem cell hair therapy OP noted down the fact that in the present case of hair fall of the complainant chance of regrowth of hair is bleak in view of the medical past family history of his baldness in his maternal and paternal families and also he is suffering from dandruff and for using hair colour.  But no such note is there.

          After considering the argument of the Ld. Lawyer for the OP we have gathered that this OP is not aware of the stem cell hair therapy.  They are not also aware of the fact who is the author of Stem Cell Hair Therapy.  So, we searched out the name of the author who has searched out after continuous research about Stem Cell Hair Therapy and considering the research paper of Dr. Aeron Potter of the University of California it is found that Stem Cell Therapy led to a significant and visible improvement in follicular hair growth and that research work was finally applied in the year 2004 and it was published in Journal and New England Stem Cell Treatment Centre (NESCTC) also continued research work and same was circulated to different researches of different Universities of the World but after proper further research several researchers are not agreeing about re-growth of hair in a bald head when follicle gets old and or damaged they can no longer jump started the hair generation process and this is due to genetic factors, stress or even trauma to the hair follicle but that Dr. Aeron Potter has come to a conclusion after research practically stem cell hair therapy is most effect in areas where hair loss happened recently.  Otherwise in the bald head chance of re-growth of hair is unpredictable. 

          As per said author by injecting Stem Cells into the pores of the scalp scientists have found that they can get the skin’s fat layer to send molecular signals to the cells in the follicle, which then results in new hair growth.  But in respect of bald head it is the opinion of Dr. Aeron Potter of University of California that only transplant method of fixing hair can be applied on the bald head.  Moreover said author has also come to a conclusion after research and studies that results are not always permanent one if it does not respond but once hair growth starts the hair has grown back.  As per author the type of Stem Cell Therapy used to treat hair loss are harvested from one’s own fat and are called Autologous Adipose Adult Stem Cells, or A.A.A. Stem Cells.  These two steps hair regeneration process begins with the stem cells being collected with a minimally invasive liposuction procedure which is accompanied by a local anesthetic.

          Once the A.A.A. stem cells have been collected, they are separated from the fatty tissue.  They will then undergo an in vitro culturing process to multiply the cells and guarantee that there are enough to use for the hair regeneration treatment.  The stem cells are then applied to the treatment area via injections using a microscopic needle.  This is an outpatient treatment and most patients report only mild discomfort during the procedure.  It is specifically mentioned by the author in the research paper that said Stem Cells have in everyone’s hair follicle but when these follicles get old or damaged they can no longer jump start the hair regeneration process and this can be due to genetic factors, stress or even trauma to the hair follicle.  As per author if there is genetic factor of baldness if follicles get old and damaged there is no question of re-growth of hair even after applying the stem cell hair therapy.  When this is the expert opinion world famous investor of the therapy who has confirmed that that stem cell hair therapy shall not give any result in respect of a person whose genetic factors are there with past family history of baldness of both paternal and maternal side and follicles are found old and damaged.  So, in this case after applying this scientific theory of Dr. Aeron Potter we are confirmed from the report of the OP as noted and also in the written version and evidence that complainant’s chance for re-growth was not there due to his baldness and their genetic factor of family history of baldness of both sides paternal and maternal and further his hair follicles were damaged.  So, thereby injecting said cells hair cannot be regrowth.  Knowing fully well about the fact OP took Rs.55,000/- and applied this process but in this regard it is to be mentioned that nowhere OP cautioned in writing that for complainant’s past history of baldness damage of hair follicles there is no chance of re-growth of hair even after applying the present stem cell therapy.

          After hearing the Ld. Lawyer and written version, evidence in chief of the OP it is clear that these OPs are not expert in skin, they have their no degree of MD Skin.  They are not researcher in hair stem cell therapy and probably they are also not aware of hair follicle and at the same time OPs are not aware of the name of hair fat called Autologous Adipose Adult Stem Cells.  No Stem Cells were collected from the fat of the hair or that was harvested and in such a clinic there was no such well sophisticated scientific laboratory in this regard and there is no researcher also in India who are conducting such research with diligently for regrowth of the hair on the bald head and as per author Dr. Potter on the bald head only hair can be transplanted but by Stem Cell Hair Therapy hair cannot be regrowth.  Considering the above theories of research though that not accepted worldwide its researches it is found that nothing was done by the OP.  OP has no laboratory affiliated by State Government for such research work, it is a roadside clinic and by advertisement OPs are alluring the bald headed persons who are always heavy depressed for which bald headed persons are being allured by such advertisement and in the advertisement there is no caution that bald headed persons are not get such results.  So, it is clear that the present OPs are not skilled persons to undergo stem cell therapy.

          In this regard we are to add more thought as per inventor Dr. Potter that while aging, the follicles tend to shrink and stop responding to the chemical signals given to it.  This hinders the process of hair growth.  The follicle stem cell sends off chemical signals to the shrunken follicles only where there is a reason of history of hair loss or hair thinning and fat cells are called as adipose tissue which requires extraction by liposuction.  So, considering all the above facts and circumstances and materials including the total conduct of the OP and their alluring advertisement we are convinced to hold that OPs are neither skilled doctor of Stem Cell Hair Therapy and they have their no modern scientific laboratory recognized by the State Government for such research work and no such previous research was made by OP about the fat tissues of the complainant and position of the follicle of the complainant and also its reactions or signals after injecting and nothing was done in his case and the procedure as adopted by the OP in the written version or evidence are not scientific process.  Considering all the above facts it is clear that this present OP concern and the doctors are cheating the public at large noticing that notice youthful boys are very depressed about their bald head and they want to grow more hairs like grow more food, goes to OPs like clinic with a hope that the more production of hair shall be made on his head by harvesting such follicles or stem cell hair therapy.  But fact remains the OPs are running a very unscientific clinic having no modern scientific laboratory without depending on diagnosis and research about the total matter regarding such treatment as invented by Dr. Potter but only they know the system stem cell hair therapy but they have their no skill to search out A.A.A. Stem Cell from the fat cells of the hair or to collect follicles from the hair but in the written statement they tried to say that they convinced the complainant his chance of harvesting hair on the head by Stem Cell Hair Therapy may not be successful but no such note is here and there in the prospectus or anywhere not even in the advertisement but after studying the advertisement it is found that it is very alluring and by adopting such process no doubt complainant has been deceived by the OPs and their treatment is not at all scientific and fact remains they are hature in the field having their no skill and expertise knowledge and fact remains in the present case if actual diagnosis and research would have been made by the expertise skilled doctors of Skin they must have to opine in the present case that there was no chance for regrowth of hair naturally by applying stem cell therapy and, in fact, there was no scope to collect hair follicles or A.A.A. Stem Cells from fat tissues of the complainant because everything are dead and it is the version of the OP that complainant has a history of past family history of baldness that is genetic factor and at the same time his other resources on the scalp are all dead so, even after such therapy complainant is found in open Forum as bald headed person till now.  So, the entire process as adop0ted by the OPs by unskilled doctors we have no doubts about their qualities and their research knowledge about their no moderate scientific laboratories in taking such research duly and also no diagnosis in respect of bald headed persons and no research was made before applying the therapy for regrowth of the hair but nothing was done.  Prescription are like the roadside doctor’s prescription nothing is here and there to rely upon their treatment and in this regard Dr. Potter’s research work has confirmed that OPs adopted unfair trade practice even after their no skill as MD doctors in Skin and they are not aware of the  hair regrowth system and they are also not aware of the fact how the stem shall be collected and wherefrom it shall be collected and also does not know the name of the said stem cells for which those doctors have their no guard to appear before this Forum to say what type of process has been adopted and it is practically found without any modern scientific laboratory for collecting stem cell for the hair follicle and fat no stem cell hair therapy can be done by any MBBS Doctor. 

          No doubt OPs Lawyer presented one ruling as it is presented in all the cases as reported in 2009 3 SCC (Martin F. D’Souza vs. Mohd. Ishfaq) but this ruling is not applicable in this case when the entire procedure as adopted by the OP is unscientific and by some unskilled hands and without any proper diagnosis and research about the present position of the follicles of the hairs of the complainant and chance of regrowth in respect of hair in the bald head person like complainant we are confident that he has her genetic factor with the past history of bald head and death of fat tissues on his head.  Considering all the above facts and circumstances, including the conduct of the OPs we are convinced that complainant has deceived the OPs and it is also proved by the complainant that OP had no capacity to grow any single hair on his bald head by applying stem cell therapy by so called OP because inventor of stem cell therapy has confirmed that on the bald head regrowth of hair cannot be made without any transplantation and reasons are already discussed in the previous paras. 

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest with a cost of Rs.10,000/-.

          OPs are hereby directed to pay and refund a sum of Rs.55,000/- to the complainant and also a sum of Rs.50,000/- for causing mental pain and agony and for deceiving the complainant in such a manner by alluring such sort of fake and fabricated advertisement in the Anandabazar Patrika and also for loss of such money against no production of hair on his head.

          Moreover, considering the adopting of unfair trade practice and for deceiving the complainant in such a manner having their no research laboratories, scientific modern research laboratory for research work for creating stem cells etc. and for running such fake business by the OPs, OPs are imposed punitive damages to the extent of Rs.50,000/- which shall be paid to this Forum and which has been imposed to stop their such sort of business and stop in future to give any such sort of alluring advertisement without any proper scientific modern laboratory and having such expert in the field of skin and stem cell therapy.

          OPs are directed jointly and severally to comply the order within 15 days from the date of this order failing which penal interest @Rs.200/- shall be assessed over the same till full satisfaction of the degree and even prosecution can be started against them for violating and disobeyance of the Forum’s order for which they may be imposed further penalty and fine which shall be paid to this Forum.