Delhi

East Delhi

CC/4/2018

DARPAN SAXENA - Complainant(s)

Versus

MAKE UP & HAIR STUDIO - Opp.Party(s)

09 Oct 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 4/18

 

Shri Darpan Saxena

R/o G-150/ F-1,

Dilshad Colony,

Delhi- 110095

                                  ….Complainant

Vs.

M/s Make Up and Hair Studio

Through its Directors

Ms. Divya and Sh. Ashish

GF-29, Cross River Mall,

Near Karkardooma Court,

Delhi- 110092

                                                                                    …Opponent

 

Date of Institution: 05.01.2018

Judgement Reserved on: 09.10.2019

Judgement Passed on: 14.10.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Harpreet Kaur Charya (Member)

JUDGEMENT

 

This complaint pertains to allegation of deficiency in service by Mrs. Darpan Saxena, the complainant against, M/s Make Up and Hair Studio, OP; with prayer for directions to pay Rs. 3,000/- to the complainant with interest @10% per month; Rs. 30,000/- as compensation on account of mental harassment, mental tension and agony and Rs. 2,000/- as cost of litigation.

To begin with, the facts mentioned in the complaint are not clear but keeping in mind that it has been drafted by the complainant herself, who is also appearing in person, we have taken the facts the from the letter dated 04.12.2017, which has been written by the complainant to OP with respect to her grievance.

The complainant had availed the services of OP for full party makeup, one hair style and nail paint for the occasion of wedding in her family. The booking was for 28.11.2017 at 03:30 PM. She had paid Rs. 2,000/- in advance, for which receipt no. 135 was issued by OP.

The complainant has stated that makeup artists viz; Ms. Divya and              Mr. Ashish reached the venue at 05:00 PM instead of 03:30 PM, and apart from that they forgot to bring the makeup boxes. The makeup could not be completed till 9:45 PM, though the complainant was assured by OP that she would be ready by 7:00 PM.

Complainant has further stated that OP did not drape the saree and applied nail paint as agreed at the time of booking due to which the complainant was forced to attend the function with incomplete look and that too late.

Ms. Divya and Mr. Ashish not only misbehaved with the complainant but, also threatened to spoil/ undo the hair style of the complainant and her daughter, who is person with disability. They even forced the complainant to pay Rs. 1,000/- as balance despite the fact that OP had not completed the service for which they had been engaged.

The complainant has stated that since the OP had failed to deliver the services as promised, which has not only caused mental trauma and agony to her, but also to her daughter. Hence, the present complaint.

The complainant has annexed the receipt issued by OP, letter dated 04.12.2017 to OP alongwith track report.

Notice of the present complaint was served upon OP, written statement was filed on their behalf. They have taken several pleas in their defence, such as the complaint was not maintainable, the complaint was filed after one year of availing services with the purpose to extort money. It was submitted that OP had been booked for 28.11.2017 at 3:30PM for bridal makeup of Ms. Kriti Bhatnagar (relative of complainant), and it was the complainant who had insisted on availing the services of OP. OP was booked for normal makeup with hair style. It was submitted that the complainant was satisfied with the services and had also insisted on the makeup and hair style of her daughter, which was done free of cost.

They have submitted that the complainant had paid Rs. 2,000/- as advance and assured to pay the balance of Rs. 1,000/- on the next day. They have denied the rest of the contents of complaint with the prayer for dismissal of the same.

Rejoinder to the written statement was filed by the complainant. The complainant have stated that Ms. Divya, the makeup artist had forgotten the boxes at the parlour and one of the relative of the complainant had to get them. She has reiterated the contents of the complaint and denied those of the written statement.

Evidence by way of affidavit was filed by complainant, where she has got examined herself as CW-1 and has relied on the annexures with the complaint. She has also relied on the statement of Mrs. Namita saxena, who has stated to be present at the time of incident. She has stated that Ms. Divya and Mr. Ashish abused and misbehaved with the complainant in her presence.

Sh. Prashant Bhatnagar, was examined as CW-2, he has also deposed on oath, where he has stated that the services of OP had been availed for the engagement and wedding of his daughter, Ms. Kriti Bhatnagar for 27.11.2017 and 28.11.2017. He has stated that Ms. Divya reached late at the venue due to which the programme got delayed, resulting in embarrassment. He has also stated that Ms. Divya and Mr. Ashish on 28.11.2017 again reached late and forgot to bring their makeup boxes and deponent had to arrange for the same. He has further stated that it came to his knowledge that Ms. Divya and Mr. Ashish had misbehaved with his relatives and had failed to complete services as assured at the time of booking.

CW-3 is Mrs. Aradhna Bhatnagar, who has also repeated the contents of the complaint and has stated that Ms. Divya and Ms. Ashish had misbehaved with the complainant and her niece, Ms. Shagun Saxena, which had resulted in mental agony and harassment.

During proceedings OP was proceeded ex-parte but subsequently the order was set aside.

OP filed their evidence by way of affidavit where they have got examined Mr. Ashish Kumar, who has stated that they had initially refused to do the makeup of petitioner’s wife as her name was not mentioned in the booking list of 28.11.2017, but it was only after persuasion they agreed to do so. He has also deposed that the complainant did not pay Rs. 1,000/- as the balance, which she had assured to pay on the next day. He has repeated the contents of their written statement.

We have heard the arguments on behalf of the complainant, who had been appearing in person and Ld. Counsel for OP. We have also perused the material placed on record. The complainant has alleged deficiency in services on the part of OP, stating that they did not drape the saree and put nail paint and apart from that they were late in finishing the makeup also. The defence of OP that they were reluctant to take the booking of the complainant does not hold any weight, this defence of OP is afterthought as the receipt no. 135 has been issued in the name of Darpan Saxena i.e. the complainant. Once, the OP has accepted the booking, they were supposed to deliver the best of their professional services as promised, which was not so in the instant case

We have also gone through the photographs annexed with the complaint, where it is seen that there is no nail paint. On the other hand the counsel for OP has argued that the level of personal satisfaction varies from individual to individual and they have denied the allegations made by complainant. He has also argued that complainant did not pay the balance of Rs. 1,000/-, which was to be paid on the same date. If we go through the complaint dated 04.12.2017, it has been clearly mentioned by the complainant that despite the fact that they were not satisfied with the services Ms. Divya and Shri Ashish forced her to pay the balance. The testimony of the complainant cannot be doubted. Further, CW-2 and CW-3 have also reiterated the same.

Therefore, in the facts and circumstances of the present complaint, we hold that OP was deficient in rendering services and direct them to refund Rs. 3,000/- charged on account of makeup, further we award compensation of Rs. 4,500/- on account of mental agony and harassment inclusive of litigation expenses.

The order be complied within 30 days from the date of receipt of this order. If not complied within the stipulated time, the awarded amount shall carry interest @6% per annum from the date of order till realization.

            

Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

               (HARPREET KAUR CHARYA)                                                     SUKHDEV SINGH)

                                  Member                                                                                  President