Delhi

West Delhi

CC/18/255

NEHA GOYAL - Complainant(s)

Versus

MONSOON SALOON & SPA PVT. LTD. - Opp.Party(s)

24 Feb 2020

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)-III

 

CASE NO. 255/2018

NEHA GOYAL

W/o VIPUL GOYAL

R/o A-3/70, GROUND FLOOR,

PASCHIM VIHAR, NEW DELHI-110063.                            ….. Complainant

 

V E R S U S

 

DIRECTOR,

MONSOON SALOON & SPA PVT. LTD.

1/83 FF, PUNJABI BAGH (WEST),

CLUB ROAD, NEW DELHI.

ALSO AT:-

PLOT NO. 62, BASEMENT, OKHLA PHASE-III,

OKHLA INDUSTRIAL ESTATE,

NEW DELHI-110020.                                                       ….. Opposite Party

 

 

 

O R D E R

 

PUNEET LAMBA, MEMBER

 

1. The complainant has filed present complaint against OPs under section 12 of the Consumer Protection Act, 1986. Briefly, the facts as stated by the complainant are that on 07.07.2016 she visited the Saloon of M/s. Monsoon Saloon & SPA Pvt. Ltd. at 1/83 FF, Punjabi Bagh (West), Club Road, New Delhi, and I was offered ‘hair treatment’ for Rs. 6,900/- and ‘Bridal makeup’ for Rs. 30,000/-. Out of this, she paid a total of Rs. 18,900/- i.e. Rs. 6,900/- for ‘hair treatment’ and Rs. 12,000/- as advance for ‘Bridal makeup,’ and took the hair treatment on the same day. The copy of the receipts are enclosed as Annexure C-1 & C-2. It is alleged that her hair which were wavy black and very beautiful turned visibly faint, rough and colourless after washing on 09.07.2016, as advised by the therapist. The same was reported to the person In-charge, of Punjabi Bagh Unit on 13.07.2016. They accepted that the treatment was improper and also took photographs of her hair to take-up the matter with the concerned therapist Sh. Dheeraj Malik, who was not present at the saloon therefore he advised her to visit the saloon on 14.07.2016. She visited the saloon again on 14.07.2016 where Sh. Dheeraj Malik, Therapist was present. He felt sorry for the ill treatment and assured her to rectify the same in 2-3 sittings. He also advised her to buy another 3 bottles of hair cream. She felt extremely bad for the reason that an additional amount was demanded from her for the fault of the saloon. Instead, the Saloon should have undertaken the treatment free of cost to rectify their mistake. She again requested the person In-charge of Saloon to look into the matter and take necessary action as her marriage date 07.08.2016 was approaching fast. The copy of the receipt of letter is enclosed as Annexure C-3. She did not receive any response from the Saloon/Opposite Party upto 28.07.2016. She sent another communication/notice to the Opposite Party to refund the entire amount of Rs. 12,000/- + Rs. 6,900/- along with damage charges of Rs. 10,000/-. Her anxiety can be well understood from the fact that the date of her marriage was approaching very fast and she was extremely upset with her looks, so caused by Saloon’s mistreatment. Copy of the notice is enclosed as Annexure C-4. In response to above notice, the company has given her a very vague reply feeling sorry for and advised her to again visit the Saloon for rectification of defect. In support of their decision not to refund the fees and advance, the e-mail sent by the Saloon quoted an example “If you buy a top from ‘mango’ and there is some defect in it, they will not refund you, they will only exchange it.” In the same email, the Saloon offered to rectify the mistake. A copy of this email dated 29.07.216 is enclosed as Annexure C-5. She visited the Saloon on 08.03.2017 to serve them a final notice which was not acknowledged. A copy of this notice is enclosed as Annexure C-6. Further, these terms and conditions cited by OP were not brought to her notice and she have not signed these terms and conditions. She has enclosed a blown up copy of this fine print of these terms and conditions for convenience of this Hon’ble Forum (Copy enclosed as Annexure C-7). Hence, the present complaint for direction to the Opposite party to:-

1. Refund the principal amount of Rs. 18,900/- along with interest @ 18% p.a. from 07.07.2016 till the date of payment/upto the date of the realization of the amount.
2. Pay a sum of Rs. 10,000/- as damages caused to her hair and health, which are still in damaged condition.
3. Pay Rs. 50,000/- towards the physical and mental agony suffered by her and her family members.
4. Pay a sum of Rs. 10,000/- towards cost of this petition.
5. Any other relief(s) which this Hon’ble Forum may deem fit and proper in the facts and circumstances of the case.

2. Notice of the complaint sent to the Opposite Party and despite due service, none appeared on behalf of OP and accordingly the OP was proceeded ex-parte vide order dated 07.02.2019.
3. Therefore, the complainant filed ex-parte affidavit of evidence reiterating the facts on oath and relied upon copy of the receipts are Ex-CW1/1(Colly), copy of the receipt of letter is Ex-CW1/2, copy  of the notice is Ex-CW1/3, copy of this email dated 29.07.2016 is Ex-CW1/4, copy of notice dated 08.03.2017 is Ex-CW1/5, copy of terms and conditions is Ex-CW1/7, copy of notice sent through email dated 20.03.2017 is Ex-CW1/8.
4. We have gone through the evidence on record and averment of the complainant carefully and thoroughly. Despite receipt of notice, OP did not turned up to defend the allegations and was proceeded ex-parte accordingly. We see no reason to disagree with the sworn testimony of the complainant. It is admitted fact that OP had agreed to the hair treatment for a sum of Rs. 6,900/- and bridal makeup for a sum of Rs. 13,900/- against which an advance of Rs. 18,900/- i.e. Rs. 6,900/- for hair treatment and Rs. 12,000/- for bridal makeup was received by the OP which is evident from exhibit as Annexure C-1 & 2. After undergoing hair treatment on 09.07.2016 under the supervision of the Therapist of OP, the hair of the complainant allegedly turned visibly faint, rough and colourless and she is visited salon on 14.07.2016 reported the fact regarding wrong treatment of the hair who also felt sorry for the same and assured to rectify the same but he failed to do so and rather demanded additional amount from the complainant. She again requested for rectification of the damage to the hair before her marriage date i.e. 07.08.2016 which was approaching fast but nothing was done by the OP. Dissatisfied with the conduct of the OP the complainant requested for refund of the entire amount of Rs. 18,900/- but instead of refunding the amount an email was sent by the OP ON 29.07.2016 which is exhibit as Annexure C-5 declining the request of refund of amount on the following grounds: “ I’m sorry for the inconvenience. As discussed, with you to check your chair and get it rectified you need to visit the salon. For example: If you buy a top from mango and there is some defect in it, they will not refund you will only exchange it. I’m sorry we can rectify your hair services but can’t refund, secondly bridal makeup is an entire different service.”
5. It is seen that the notice giving all these details and pointing out the deficiency and again requesting for the refund of amount alongwith compensation of Rs. 10,000/- was sent to the OP through e-mail on 20.03.2017 which was never replied/defended by the OP. Even the OP had admitted to the wrong doing and damage caused and allegations of the complainant in its the email dated 29.07.2016 sent as explained in the proceeding para No. 5 and had also offered to rectify the mistake which was never done by the OP and in the same e-mail request for the refund of the amount already paid was refuted without any reason. The terms and conditions have been exhibited as Annexure C-7 by the complainant states that “the amount received against any service product will not be refunded and can not be redeemed against other service.” It is however seen that the terms and conditions were never explained to the complainant and were not got signed by the OP from the complainant. Hence, the terms and conditions cannot be deemed to be accepted by the complainant. Further, when the hair treatment had gone wrong and also irreversible damage have been caused to hair of the complainant, the terms and conditions regarding non-refund of the amount are not applicable and the OP is liable to refund the amount paid alongwith compensation.. Even the OP had opportunity to defend the case and rebut the allegations leveled by the complainant but the OP failed to do so which fact further the complainant whose marriage was fixed on 07.08.2016 after few days was left in lurch by the OP with the damaged hair due to wrong treatment and was left to face embarrassment and mental agony.
6. Keeping in view of the above stated discussions and observations, we come to irresistible conclusion that OP is not only guilty of deficiency in service but also of unfair trade practice and is responsible for causing irreversible damage to her hair. Hence, OP is liable to refund the advance amount taken towards agreed treatment and bridal makeup and compensate her for mental agony as well as for causing irreversible damaged hair to the complainant. Accordingly we allow the complaint and direct the OP to:-

1. Refund the amount of Rs. 18,900/- (Rupees Eighteen Thousand Nine Hundred Only) alongwith the interest @ 9% per annum from the date of payment i.e. 07.07.2016 till actual realization.
2. Pay to the complainant a sum of Rs. 10,000/- (Rupees Ten Thousand Only) as compensation of the irreversible damage caused to her hair and health.
3. Rs. 10,000/- (Rupees Ten Thousand Only) as compensation for harassment and mental torture and agony caused to the complainant and litigation cost.
4. This order shall be implemented within 45 days from the date of order failing which further interest @ 9% per annum shall be liable to be paid on the amount mentioned above (from Point No. ii to iv) for the period of default.

File be consigned to Record Room.

Copy of this order be given to the parties as per rules.

Pronounced on _____24______ February, 2020.

 

 

(PUNEET LAMBA)                    (S.S. SIDHU)                              (K.S. MOHI)

            MEMBER                                  MEMBER                          PRESIDENT