In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.334/2011.
1) Smt. Sulagna Mallick,
3b, Rammohan Mallick Garden Road, Kolkata-700010. ---------- Complainant
---Versus---
1) M/s. Kaya Skin Clinic,
Kaya Ltd., “Aashiana”, 69A, Purna Das Road, Kolkata-700029. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Smt. Samiksha Bhattacharya, Member
Order No. 21 Dated 28-11-2013
The case of the complainant in short is that complainant approached M/s Kaya Skin Clinic, Kaya Ltd. “Aashiana”, Tollygunge (hereinafter referred to as o.p) for the purpose of treatment of face on 27.7.11 and o.p. advised for Pigmentation Solution (Mixed to deep) – peels, cosmopeels by six sittings and recommended some products for use during treatment. The estimated cost of Rs.18,780/-. Accordingly complainant paid an amount of Rs.1400/- for professional service, Rs.1790/- for purchasing Antox Vit-C Formula Solution 35 ml, Rs.1510 for pigmentation solution on 28.7.11. After first sitting the complainant’s face got frosting and she felt burning sensation and therefore, she stopped application of solution and consulted Dr. Sachin Varma at Apollo Clinic on 5.8.11. Dr. Varma opined that due to wrong treatment face of the complainant was burnt and accordingly he advised medicine. Then complainant approached o.p. with the complaint of wrong treatment and requested to refund the entire amount with compensation. O.p. admitted their fault and agreed to refund the amount very soon. In spite of such assurance o.p. did not refund the money and thereafter on 12.8.11 complainant sent a legal notice. Due to wrong and careless treatment of o.p. the face of the complainant became burned and she suffered mentally as well as financially. Therefore complainant prays for refund of money along with compensation and litigation cost.
Sole o.p. filed their w/v denying all the material allegations interalia that complaint is misconceived and devoid of material particular. O.p. provides treatment which are internationally standardize and accepted. Complainant was consulted by doctor to her satisfaction. O.p. has also conducted the patch test. Complainant had agreed and accepted to undergo the first session of cosmopeel after the result of the patch test which were negative. After thorough checking and proper investigation o.p. advised the customer in respect of required medicine and the line of treatment. In this instant case also o.p. took all possible care for the treatment of the complainant. At the time of argument ld. lawyer of o.p. argued that no expert opinion was filed by the complainant and Dr. Varma did not mention about wrong treatment by the o.p. Hence the case has no merit and the complaint is liable to be dismissed with cost.
Decision with reasons.
We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted fact that complainant admittedly went to the o.p. for the first time on 27.7.11 and she agreed to give consent for her treatment having been satisfied. Complainant’s face got frosting and she felt burning sensation after the first setting. Finding no other alternative she stopped application of the solution and immediately consulted Dr. Sachim Varma at Apollo Clinic on 5.8.11 and complainant took the medicine as per doctor’s advice. Immediately after that complainant met with o.p. and o.p. admitted their fault and agreed to refund of money. In spite of six sitting complainant took only one sitting and due to wrong treatment she could not avail of any sitting. But she paid the entire package money for six sitting. In spite of receiving the legal notice o.p. did not take any positive step for the complainant’s grievance. Therefore, there are sufficient reason to believe that the treatment was done wrongly and o.p. did not care for it. Hence the complainant has substantiated her case and therefore the complaint succeds.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to refund Rs.18,200/- (Rupees eighteen thousand two hundred) only which was paid by complainant for her treatment and is further directed to pay to the complainant compensation of Rs.10,000/- (Rupees ten thousand) only and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
