O R D E R
Sri.NishadThankappan (Member II):
The complainant has filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite parties.
2. Smt. Shylasree aged 52 years filed this complaint before the commission seeking an appropriate order. The allegations of the complainant are as follows:- On 15/08/2016 at about 3.30pm she had went to opposite party’s shop for earlobe treating for joining the eardrop holes. After examining both the ears of her the opposite party joined each of ears by applying chemical lotion & bandaged both the ears for checking the position of the bandaged portion of the ears. She had visited the beauty parlor of the opposite party on 22/08/2016 after checking the bandaged portion of her ears the opposite party said that the sticking has not been done properly and opposite party again applied chemical and re-bandaged. Afterwards again to verify the sticking of the bandaged portion she was asked to visit beauty parlor again on 29/08/2016. On examination the opposite party said bandaged has not stuck again properly and opposite parties applied chemical for the 3rd time and bandaged like before. As per the instruction of the opposite party the petitioner again visited the beauty parlor on 05/09/2016. At the time after opening and checking the bandaged portion the opposite party convinced her that the sticking has taken place properly. Then and there itself the opposite party punctured her ears and hanged a pair of ear drops valued Rs. 1,000/- from the same beautyclinic. On wearing the ear drops she was having immense pain in the ears after a week. Then she consulted the Retired Government Dr. P.N Rajendran Nair on 30/09/2016. After administering medicine for the pain the said Doctor directed her to consult an ENT. She had consulted the ENT in the Believers Church, Medical College Hospital on 04/10/2007. The Doctor who inspected her said that both the ears had been severely infected and let ears to be had been crumpled and a portion of he had come out along with the eardrops. The said Doctor further said that crumbling and total damage of earlobe was due to excess use of chemicals an unprofessional way of carrying out of treatment from the opposite party. Then she was referred to the plastic surgery department and after 2 week treatment by Dr. Deepak Aravind and after drying the wounds of the ears the left ear was taken to the task of plastic surgery on 15/10/2016. Thereafter undergoing treatment by the Doctor for another month ear was again punctured and eardrops hanged on 16/11/2016. Afterwards the treatment and observation was continued for 6 months under the same doctor the earlobes are still paining and itching and a total uneasinessis still continuing. Doctor informed her that there complications were due to the excessive use of chemicals an unprofessional way of carryout the treatment by the opposite party doctor further intimated her that this will take a long time to get rid of the pain difficulties and uneasiness. For getting relief the she had file this petition.
3. Notice was issued to the opposite party. Opposite party appeared and filed version.
4. In the version it is stated that they have running Orkid beauty parlor. She is a diploma holder in the beautician course. And she obtained said certificate from Sea PearlAcademy at Ernakulam. Thereafter she was running in the name and style Orkid Beauty Parlor. During that period she was worked as a tutor/teacher at R-seti a self-employment scheme approved by Kerala. Along with the said parlor she and her husband we also doing a textile business in the beauty parlor run by them were done during the alleged period of 2014. During the period of 2013 – 14 such year lobe joining treatment were done in the beauty parlor in the supervision of expert in that filed. After 2014, no such treatments were done. During the said periodor thereafter complainant never come before the shop for ear lobe treatment and for joining in the earlobe course. Moreover, the petitioner never approach, the opposite party as a customer. They have never sold any ear drops or ear stud to any person. They denied the allegation regarding the consulting before the expert doctor. It is stated that she has not done any alleged treatment as stated in the complaint. It is further stated that the dispute regarding the allegation stated in complaint was due to the insurance policy of HDFC and dispute regard in the criminal case against the complainant. It is further alleged that the opposite party is not liable to pay compensation and cost to the petitioner. Considering the allegations and objection of the opposite party the Commission raised the following issues for consideration.
Issues:-
1. Whether the allegations of the complaint are to be treated as genuine.
2. Whether the objection is to treated as a reasonable.
3. Regarding cost and compensation.
5. In order to substantiate the contention of the petitioner she has filed the proof affidavit along with the documents Ext. A1 to A6 complainant examined as PW1. Ext.A1 is the discharge summary dated: 15/10/2016. Ext. A2 is the copy of advocate notice dated: 13/06/2017. Ext. A3 is the postal receipt. Ext. A4 is the acknowledgement card. Ext. A5 is the original prescription from the Rtd. Govt. Doctor. Ext. A6 is the treatment certificate. On a verification of the complaint and documents produce in evidence it is seen that the allegations are genuine one. But the proof affidavit furnished by the opposite party it is stated certain allegations against complainant. It is arbitrary and against the facts of the case. It is further noticed that they treated the earlobe without sufficient qualifications and experience in the medical filed. It is illegal and irregular, it cannot be justified. On a detailed verification we further noticed that the case of the complainant is more probable than the case of the opposite party. Due to the unauthorized Act of the opposite party the complainant sustained serious medical involvement and contacted the subject expert doctor for relief.
6. One a perusal of the objection raised by the opposite party we are of the view that it has no merit at all. In this context report we are of the view that due to the unauthorized and illegal Act of the opposite party, the complainant is sustained a mental agony sufferings and distress and physical strain. So we are of the view that all the issues are found in favour of the complainant, and complaint is to be allowed as prayed for.
7. In the result we hereby direct the opposite party to pay a sum of Rs. 50,000(Rupees Fifty Thousand only) as compensation to the complainant for her mental agony,physical strain and suffering inconvenience, due to the unauthorized Medical Treatment with excess chemicals in the ear of the complainant. It is further direct opposite party to pay Rs. 2,000/- (Rupees Two Thousand only) as cost of this proceedings and pay the said amount to complainant within one month from the date of receipt of this order. We hereby direct that in case any default to pay the amount by the opposite party to the complainant in time the opposite party has to 10% interest per annam for the said amount tothe complainant and she is free to proceed against the assets of the opposite party. Complaint allowed.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30thday of October, 2020.
(Sd/-)
Sri.NishandThankkapan
(Member II)
Sri. George Baby (President) : (Sd/-)
Smt. ShajithaBeevi.N(Member I) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1: Sailasree
PW2:Dr. Deepak Aravind
Exhibits marked on the side of the complainant:
A1:Discharge summary dated: 15/10/2016.
A2:Copy of advocate notice dated: 13/06/2017.
A3:The postal receipt.
A4:Acknowledgement card
A5:Original prescription from the Rtd. Govt. Doctor.
A6: Ttreatment certificate
Witness examined on the side of the opposite parties:
DW1:LeelaVinod
Exhibits marked on the side of the opposite parties: Nil.
Copy to:-(1) Shylasree,
MelekkattuVeedu,
Omalloor P.O, Pathanamthitta.
(2)LeenaVinod,
Proprietor,
Orkid Beauty Parlour,
Near Thattavara Complex,St. Peter’s Junction,
Pathanamthitta.
(3) The Stock File.
