Complaint filed on: 02-06-2012
Disposed on: 28-01-2013
BEFORE THE BANGALORE IV ADDITIONAL DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM,
BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052
C.C.No.1127/2012
DATED THIS THE 28th JANUARY 2013
PRESENT
SRI.J.N.HAVANUR, PRESIDENT
SMT.NIVEDITHA.J, MEMBER
Complainant: -
Smt.Kanchan Sharma,
W/o. Sri.Subramani.L.N,
Aged about 26 years,
R/at No.303, Hibiscus, Esteem
Park, Rose Garden Road,
J.P.Nagar, 5th Phase,
Bangalore-78
V/s
Opposite parties: -
1. Ms.Deborati,
M/s. Vibes Beauty Centre,
No.253, Ground Floor,
24th Main, 6th Cross,
5th Phase, J.P.Nagar,
Bangalore -78
2. Head office/ Corporate office,
Customer Care Officer,
M/s. Alankar Slimming and
Cosmetic Clinic Private Ltd,
No. (A), D-5, Hauz Khas,
New Delhi, National Capital
Territory of Delhi-110016
India.
ORDER
SRI.J.N.HAVANUR, PRESIDENT
This is a complaint filed by the complainant against the OPs no.1 and 2, praying to refund Rs.63,970=00, and to pay Rs.2,00,000=00 towards compensation alongwith interest and cost of litigation.
2. The brief facts of the complaint can be stated as under.
The complainant after seeing the free services offer coupons in Bangalore has decided to attend hair cut at M/s.Vibes at Koramangala and went to the reception and made the complainant to wait for a while, and there after met two persons by names Team Leader Pink and Branch Manager Malavika of OP and they noticed that, she has acne on her face and started asking her, since how long she had this problem and also told her and convinced that, it is a viral problem, and if she is not treated, this will spread to whole body. The said persons told the complainant that they are having Acne Treatment which will heal the problem of the complainant and Acne problem is due to hair growth on her face and on her back for which they said they have proper treatment in the company, and for which, the complainant has enquired, what is the charges for the said treatment, and the said persons told the complainant that will cost about one lakhs inclusive of all taxes, and the said persons further stated, if full amount on the same day is made they will give 30% discount and full body laser treatment and after listening to them the complainant thought this is great offer and made the payment of Rs.64,000=00 and they started the session from the same day and the session included anti acne treatment and laser hair removing. The said treatment taken for 3 to 4 months and found no improvement as the complainant has undergone both anti-acne and laser hair removal treatment provided by the OP. Instead the complainant saw her skin getting worse, they what it was before coming to Vibes and she complained the staff namely Malavika and Pinki and they said that, she will get results and she has to continue for couple of months. On 21-8-2011, the complainant was fed up of the said treatment and again complained the same to the said persons who in turn referred the complainant to Deborathi who being the operation head of Vibes and Deborathi said they cannot refund as it is against their policy, and she offered the complainant to change the nature of the treatment and promised, she will feel better after the same. After changing the treatment, the complainant continued for two to three months and as usual this course of treatment also started giving her bad effects on her skin due to acne and laser treatment which was painful too, and the OP have been changing the treatment more than thrice and there are no developments by the OP. The OPs have given sitting of chemical peeling, laser hair removing whole body and anti acne facial to the complainant and due to the said treatment the complainant is facing loss of natural glow of her skin and she got rashes and her acne problem increased due to combination of chemical peeling and laser rays and unfair practice of wrong treatment has left permanent marks on her face etc. Due to the above, un-tolerable pains, irritations, rashes on her face and entire body she has spent sleepless nights. The complainant has complained to the M/s Vibes Heath care centre, Bangalore, Consumer Online Resources and Empowerment Centre, Consumer Daddy through on line and served the Police notice to the OP. The complainant has filed this complaint, praying to refund Rs.63,970=00 and compensation of Rs.2,00,000=00 alongwith interest and cost of litigation.
3. After service of the notice, the OP no.1 has appeared through its counsel and the OP no.2 did not appear before the forum and it has been placed exparte.
4. The averments of the version of OP no.1 can be stated as under:
The complaint of the complainant is false, frivolous, vexatious, and it is not maintainable in law or on facts. The OP no.1 has not been guilty of any deficiency of service of any kind, and the services provided by the OP no.1 has been best quality and kind. The complainant does not have any right to claim refund of any amount. The complainant has filed this complaint with the sole intention of causing loss and injury to the reputation and goodwill of the complainant. The treatments provided by the OPs are extremely safe; the complainant was fully aware of these treatments and had been sufficiently briefed about the policies of the OP no.1 before entered into transactions. The complainant before completion of the full treatment signed up for unilaterally decided to stop taking treatment from the OP no.1 for no reasons, so the complaint deserves to be dismissed. The complainant visited the Vibes Beauty Clinic on 15-2-2011 to avail free services of a haircut on a gift voucher, while she was getting a haircut the complainant enquired with the employees of the OP no.1 about treatment of her acne and hair growth problem. The complainant had acute facial hair and body hair growth and a combination of treatment for acne and excessive hair grown was suggested to the complainant, and she was given full details about both the treatment, the duration of the treatments, the cost and the method of conducting the said treatments and accordingly the complainant paid a sum of Rs.63,974=00 on 15-2-2011 by credit card for these treatments. The OP no.1 proceeded to start the treatments for the complainant, the complainant continued the treatment for several months, but she was extremely irregular and kept changing her appointments at her convenience. The complainant was also informed that irregularity in availing the treatment would reduce the effectiveness of the treatment. However inspite of this, the complainant continues to be irregular with her treatment session. All through this period, the complainant did not have any problems regarding the treatment she was offered to by the OP no.1. In fact, on 26-5-2011, the complainant had stated that as of now the services is giving relax and the same has been recorded in the customer records and against which the complainant as also signed. After the session on 24-10-2011 the complainant all of a sudden stopped visiting the OP no.1, the complainant has not even expressed any grievances that she had against the OP no.1. The OP no.1 was shocked to receive a notice on 16-6-2012 from International Consumer Rights Protection Council and notice of this complaint. The OP no.1 denies all the paragraphs of the complaint. The intention of the complainant was to jeopardize the reputation of the OP no.1 and the company and to claim refund of the amount for which the complainant has already received good services. The complainant does not have any evidence to show the wrong doings of the company. Hence, it is prayed to dismiss the complaint of the complainant with exemplary cost.
5. So from the averments of the complaint of the complainant and version of the OP no.1, the following points arise for our consideration.
1. Whether the complainant proves that, she suffered with wrong treatment given by the OPs and there is negligence and deficiency of service on the part of the OPs?
2. If point no.1 is answered in the affirmative, what relief, the complainant is entitled to?
3. What order?
6. Our findings on the above points are;
Point no.1: In the Affirmative
Point no.2: The complainant is entitled to
Rs.54,000=00 as refund alongwith 9% interest on the said amount from the date of respective payments, and cost of
Rs.2,000=00.
Point no.3: For the following order
REASONS
7. So as to prove the case, the complainant has filed her affidavit by way of evidence, and produced seven copies of documents alongwith with the complaint, and produced eleven positive photos of her face alongwith affidavit, and fifteen positive photos alongwith memo. On the other hand, one Nitin Jain, Joint Managing Director of OPs has filed his affidavit on behalf of the OP no.1 and produced two documents as document no.1 and 2. We have heard the arguments of both sides, and we have gone through the oral and relevant documents of both parties meticulously.
8. One Smt.Kanchan Sharma, who being the complainant has filed her affidavit stating that, after seeing the free services offer coupons in Bangalore, she has decided to opt hair cut at Koramangala, Bangalore and she went to the reception and they made her to wait for a while, team leader of OP by names Pink and Branch Manager Malavika noticed that, she has acne on her face and started asking, since how long she has this problem and told her and convinced that, it is a viral problem, and if not treated immediately, this will spread to her whole body, they told that, they are having Acne Treatment which will heal her problem and also stated that her Acne problem is due to hair growth on her face and they have proper treatment in their health care centre and she enquired, how much is charges for the said treatment and they told that will cost nearly one lakhs including all taxes, and they said further that, if pay the full amount on the same day they will give her 35 % discount and full body laser treatment and after listening to them she thought this is great offer and made payment of Rs.64,000=00 and they started the session which included chemical peeling and anti acne treatment and laser hair removing, and the said treatment taken for 3 to 4 months and found no improvement and she has undergone both anti-acne and laser hair removal treatment provided by the OP and she saw her skin getting worse than what it was before coming to Vibes and then she complained the staff by name Malavika and Pinki and they said that, she will definitely get results. On 21-8-2011 she was fed up of the said treatment as could literally see her skin getting worse than ever and she again complained the same to the said persons who in turn referred her to Deborathi who being the operation head of Vibes and she told that, they cannot refund her money as its against their policy, and she offered her to change the nature of the treatment and promised, she will feel better after the same. After changing the treatment, she continued for two to three months and as usual this course of treatment also started giving her bad effects on her skin due to acne and laser treatment which was painful and hair growth on her body and face increased like men’s due to using blades on soft hair growth for laser hair removing treatment, and the OPs have been changing the treatment more than thrice and there is no improvement and the OPs gave her sittings of chemical peeling, sittings of laser hair removing whole body, and sittings of anti acne facial and on account of giving sitting treatment she is facing side effects as follows: 1) she has lost natural glow of her skin and got rashes, 2) her acne problem increased due to combination of chemical peeling and laser rays on her face and other parts of body; 3) An unfair trade practice of wrong treatment has left permanent marks on her face, 4) Hair growth on her body and face increased like men’s which feels shameful, 5) As she belongs to Delhi due to unscheduled appointments for sittings so many times she had to cancel her flights scheduled and incurred heavy losses. However she is married in Bangalore and she is settled here but she still makes frequent trips to Delhi to meet her family. Due to the above, she started getting intolerable pains, irritations, rashes and increased hair growth on her body/skin she has spent sleepless nights, and she has no intention to ruin the reputation of OP no.1 she just wants justice and due to negligent act, unfair trade practice and loss and also mental agony she suffered. So, the OP no.1 is liable to pay damages and compensation for the said act. Section 3 of the CP Act is clear that the remedies under the CP Act shall be in addition and not in derogation of the provisions of any other law for the time being in force, so her complaint is maintainable and she has enclosed the police notice, original photographs of her before treatment and after treatment, copy of the news papers articles, copy of the complaint filed at Consumer Online Resource, Empowerment Centre, Consumer Daddy Online Platform, Inter National Consumers Rights Protection Council, and copy of legal notice and some internet articles written by doctors relating to harm from laser treatment and peeling. So the complaint be allowed and pass an order as prayed in the complaint.
9. By a careful reading of the averments of the complaint and evidence of the complainant as mentioned above, it is made crystal clear that, the complainant has tendered her evidence in conformity with the averments of the complaint. Let us have a look at the relevant documents of the complainant, so as to know, whether the oral evidence of the complainant stands corroborated by documentary evidence or not. Document no.1 of the complainant produced alongwith the complaint is the copy of the news paper articles in Bangalore Mirror dated 15-5-2012 wherein it is stated that, one Kanchan Sharma who being the present complainant signed up for a package which included skin therapy developed rashes and discolourations, and her photo before treatment and after treatment is given in the said news paper and in the news paper she has stated that she has paid Rs.60,000=00 to the said treatment. Document no.2 of the complainant is the copy of the complaint dated 30-5-2012 filed at Consumer Online Resource and Empowerment Centre and one Muhammad. Deepak, Manager has stated addressing to the complainant that, the OP has not resolved her case till date and she has been advised to move Consumer Court for the Redressal for her grievance. Document no.3 is the copy of consumer complaint dated 3-4-2012 filed at Consumer Daddy online plat form for consumer support by the complainant complaining against the OPs. Document no.4 is the copy of legal notice served by International Consumer Rights protection council dated 16-6-2012 on the OP stating that, there is service deficiency in service of the OP and refund Rs.64,000=00 with 18% interest p.a. to the complainant and Rs.1,00,000=00 as compensation. Next document is a message from the complainant to OP praying to Redressal her grievances within 7 days failing which she will file a complaint before the consumer forum. Last document of the complainant is the copy of internet articles written by the doctors regarding the Hair, from laser treatment and chemical peeling and its adverse side effects. The complainant has also produced one photo copy of the police notice dated 1-5-2012 and that document shows that the complainant has filed the police complaint against the OP. The complainant has produced six positive photos of her face before treatment and in this photos, we do not find any acne on her cheek and five positive photos were also produced which were taken after the treatment with the OP and in these photos, the face of the complainant was full of acne and her face appears to be ugly as compared to photos which were produced before treatment, so also she has produced eight positive photos of her face by putting dates and these eights photos were taken before treatment and these eight photos go to show that, they were no acne on her face, she produced seven positive photos by putting dates after the treatment and these photos disclosed that, the complainant was having full of acne on her cheek and other parts of the face.
10. Looking to the oral and documentary evidence of the complainant, it is made crystal clear that, the complainant has paid Rs.63,974=00 to the OP on 15-2-2011 through her credit card for skin treatment and laser treatment packages for full arms and she attended the session and the OPs have given treatment of chemical peeling and also for laser hair removing. But after taking treatment, the complainant started getting acne problems on her face and made the complaint with the OPs and the OPs have changed the treatment and even then the complainant did not get any relief and now the complainant has come up with the present complaint for refund of amount, but the OPs refused to pay the amount, on the ground of non refund policy. The complainant has moved pillar to post to get the Redressal by filing the complaint to the Consumer Online Resource and Empowerment Centre, Consumer Daddy and International Consumer Rights Protection Council but her efforts ended in vain and ultimately she approached the forum for Redressal of her grievance. Positive photos produced by the complainant go to demonstrate that, prior to taking treatment with the OPs, the complainant was not having much acne, as such, and after taking treatment she started getting maximum acne on her face and due to that her face become ugly.
11. The oral evidence of the complainant that, on account of combination of chemical peeling and laser treatment of the OPs, she started getting severe pain and acne problems and acne problems is increased, is corroborated by copies of the police complaint, News paper item given in the Bangalore Mirror news paper and the complaint filed with the Consumer Online Resources and Empowerment Centre, Consumer Daddy and International Consumer Rights Protection Council and various correspondences made between the parties and some internet articles written by the doctors and positive photos produced by the complainant and this all about evidence of the complainant.
12. Let us have a cursory glance at the material evidence of the OPs, one Nitin Jain, the Joint Director working in the OP no.1 office has deposed in his evidence that, the services provided by the OP no.1 has been best quality and kind, and the complainant does not have any right to claim refund of any amount and she has filed this complaint with the sole intention of causing loss and injury to the reputation and goodwill of the complainant. The complainant before completion of the full treatment signed up for ultimately decided to stop taking treatments and the complainant paid a sum of Rs.63,94=00 on 15-2-2011 and the treatment was started on the same day and she continued the treatment for several months, but she was extremely irregular and kept changing her appointment at her convenience which was not advisable, the employee of the OP no.1 informed the complainant that irregularity in availing the treatments would reduce the effectiveness of the treatment, inspite of it, she became irregular. After the session on 24-10-2011, the complainant all of a sudden stopped visiting the OP no.1 and she did not even reschedule her appointments for a later date and the OP no.1 was not aware as to why the complainant stopped visiting the OP no.1, and the OP no.1 was shocked to receive a notice on 16-6-2012 from International Consumer Rights Protection Council and from the Consumer Forum. The photographs produced by the complainant are not dated, so it is impossible to say on which dates the photos were taken and the photographs produced by the complainant cannot be believed, the complainant does not have any evidence to show the wrong doing of the company.
13. The OP no.1 has produced document no.1 being the copy of beauty record of the complainant dated 15-2-2011, the said document shows that, the complainant booked the service of the OP no.1 for chemical peeling by paying Rs.15,000=00 and 4,854=00 on 15-2-2011, and the complainant has attended the session of the OP no.1 on 15-2-1011, 3-3-2011, 17-3-2011, 26-3-2011, 26-5-2011 and she attended the sensitive vibes on 27-2-2011, 14-3-2011, 23-3-2011, 17-6-2011 and 26-5-2011 and in the client’s column it is written as, as of now service is given relax. Document no.2 is the copy Beauty record of the complainant in respect of full arm and that record shows that, the complainant has attended; the OP no.1 on 6-3-2011, 4-4-2011, 27-5-2011, 22-8-2011 and 24-10-2011 and thereafter she did not attend the sitting of the OP no.1. The material evidence of the OP no.1, makes it abundantly clear that, the complainant did not attend the entire programme of the OP as scheduled by the OP no.1. But she attended some of the sitting of OP for chemical peeling and full arms package. It is the specific case of the OP both in the objection and evidence of the OP that, the complainant was irregular in attending the programme of OP and she used their sitting as per her convenience. As against this, the complainant has contended both in the complaint and during the course of evidence that as she started getting severe pain and irritation, she stopped attending the sitting of the OP, and after attending the sitting, her acne problem increased. The said case of the complainant stands corroborated by oral and documentary evidence namely, copies of police complaint, complaint filed in Consumer Daddy, Consumer online Resource and Empowerment Centre, International Consumer Rights Protection Council and correspondences made by the complainant and Photos. In order to rebut the case of the complainant, the OP has not produced any believable material evidence. The oral and documentary evidence of the OPs are insufficient to disbelieve the case of the complainant. Moreover, the oral testimony of the OP no.1 that, the treatment given by them is best treatment and there is no deficiency of service on their part is not countenanced by any convincing material evidence. Taking the oral and documentary evidence of the complainant and compare the same with the material evidence of the OPs, it is vivid and clear that, the material evidence of the complainant placed before the forum is more believable trustworthy and acted upon than the material evidence of the OPs. Viewing the case of the complainant, on the back ground of oral and documentary evidence, we are of the considered opinion that, the complainant who comes to the forum seeking relief has proved her case with believable material evidence that she suffered with wrong treatment given by the OP no.1 and there is negligence and deficiency of service on the part of the OPs, and accordingly, we answer this point no.1 in the affirmative.
14. As per the material evidence of both parties, it is no doubt true that, the complainant has paid approximately Rs.64,000=00 to the OPs for her treatment and attended the some sitting of OP. Since the complainant has attended the some sitting of the OP no.1, she is not entitled to claim the entire amount of Rs.64,000=00, so on account of attending some sitting of OP by the complainant, we would like to deduct a nominal sum of Rs.10,000=00 in Rs.64,000=00 and remaining amount of Rs.54,000=00 shall be refunded to the complainant, so the OP no.1 and 2 are jointly and severally liable to refund Rs.54,000=00 to the complainant alongwith 9% interest per annum on the said amount from the dates of respective payments within 30 days of this order, failing which, the OPs no.1 and 2 shall pay the said amount to the complainant alongwith 10% interest per annum on the said amount from the date of respective payments to till the date of realization, and the OPs no.1 and 2 are further directed to pay Rs.2,000=00 to the complainant towards cost of litigation, and accordingly, we answer this point. In the result, for the foregoing reasons, we proceed to pass the following order:
ORDER
The complaint of the complainant is partly allowed.
The OPs no.1 and 2 are jointly and severally liable to pay Rs.54,000=00 (Rs.Fifty four thousand only) to the complainant alongwith 9% interest per annum on the said amount from the dates of respective payments within 30 days of this order, failing which, the OPs no.1 and 2 shall pay the said amount to the complainant alongwith 10% interest per annum on the said amount from the dates of respective payments to till the date of realization.
The OPs no.1 and 2 are further directed to pay Rs.2,000=00 (Rs.Two thousand only) to the complainant towards cost of litigation.
Supply free copy of this order to both parties.
Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this, the 28th day of January 2013.
MEMBER PRESIDENT
