CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.194/2013
DR. SWATI MOHAN
W/O DR. PANKAJ MOHAN
R/O K.P. HEART & SKIN CENTRE
5D/6, BUNGALOW PLOT,
NH 5, FARIDABAD, HARYANA-121001
…………. COMPLAINANT
Vs.
M/S LAZETECH
K-4, AB, KALKAJI,
NEW DELHI-110019
…………..RESPONDENT
Date of Order:07.01.2019
O R D E R
A.S. Yadav - President
The case of the complainant is that she is a doctor by profession and is practicing as a skin specialist. The complainant had a need/demand to treat skin problems of her patients through laser technology and for that OP offered its Q-Switch machine with the advantages which are detailed as under:-
“01. The machine has a new cooling system because of which it can work for more number of hours at a stretch.
02. Because of the configuration of the machine, it can deliver higher power and thus has a wider scope of applications.
03. Most of the machine parts are sturdy and there is a very low maintenance cost of the system.
04. Most of the time, the treatments are done under local anesthesia only. However, if the surgical area is wide spread, general anesthesia may be required rarely.
05. Applications for darker skin types (type V & VI)
Fitzpatrick skin types V & VI contain higher content of melanin as compared to our western counterparts. Since we selectively target the dermal melanosomes, there are wider ranges of surgical applications for this laser in darker skin types:
A-Nevus of ota surgery – the level of melanin pigment in this condition is in the deep dermis, which makes it inaccessible to surgical excision. 1064 nm Yag selectively targets these melanophages and cause their destruction.
Technique – in operation theater settings, after adequate anesthesia, use the power settings high enough to produce the bleeding points and indurations.
Post operative care – cover the wound with sterile dressing for one week. Put the patient on antibiotics and strict sun protection for next 2-3 weeks.
B-Tattoo removal – whether traumatic or cosmetic, tattoos can deposit the pigment at any depth ranging from superficial epidermis to deep dermis. Once in the reticular dermis, this pigment can only be tackled by 1064 nm Yag wavelength laser. This applies to blue and black pigments.
Technique – in operation theater settings, after adequate anesthesia, use the power settings high enough to produce the bleeding points and indurations. If the design of the tattoo is curvaceous, use the laser beam selectively on the pigmented area and sparing the normal skin.
Post operative care – cover the wound with sterile dressing for one week. Put the patient on antibiotics and strict sun protection for next 2-3 weeks.
C-Junctional mole excision – most common type of birthmarks, moles can be either epidermal, dermal or junctional. Though the epidermal ones can be removed by simple electro cautery or even repeated chemical peels, the junctional and dermal ones are the resistant ones. With the surgical excision, the ugly scar produced, is unacceptable to the patients. 1064 nm thus becomes a good option for such cases.
Technique – in operation theater settings, after adequate anesthesia, use the power settings high enough to produce the bleeding points.
Post operative care – warn the patients about unexpected bleeding in the postoperative period. Advise application of tropical antibiotics for upto one week.
D-Melasma excision – melasma also known as chloasma or pregnancy mark is a pageantry condition which is aggravated by hormonal imbalances. The level of pigment again varies from epidermis to dermis. With this laser, we achieve a complete removal of the pigmentation but the patient has to be explained about the chances of recurrence. Also advisable is the prior priming of the patient with the standard kligman’s formula (hydrochortisone, tretinoine and hydroquinone) for at least two weeks prior.
Technique – in operation theater settings, after adequate anesthesia, use the power settings high enough to produce the bleeding points and indurations.
Post operative care – cover the wound with sterile dressing for one week. Put the patient on antibiotics and strict sun protection for next 2-3 weeks. Resume the application of kligman’s formula after two weeks.”
The complainant purchased Q-Switch machine from OP on 27.03.2012 for a sum of Rs.1,35,000/-. The said Q-Switch machine was installed at the premises of the complainant in the month of April 2012. It is submitted that OP has deliberately with fraudulent intentions, installed an inherently defective Q-Switch machine, which has failed to run successfully even at a single instance. The complainant requested OP to replace the said machine suffering from inherent defects. However, it was only in the month of June 2012 that after repeated requests and reminders, the service team of OP headed by Mr. Fardeen visited the premises of the complainant and instead of replacing the said machine unsuccessfully tried to repair the defects of the machine but they were unable to rectify the inherent manufacturing defects. The complainant was constrained to send a legal notice dated 19.07.2012. After the receipt of the said notice, various rounds of discussion were held wherein OP orally admitted the contentions of the complainant made in the notice dated 19.07.2012 and assured the complainant that it shall pay the entire sale consideration of Rs.1,35,000/- within four weeks. However, despite such admission and assurance, OP failed to make any payment of the complainant. In view thereof, the complainant through counsel again issued notice dated 07.02.2013. Despite receipt of the said notices dated 19.07.2012 and 07.02.2013 and assurance of payment made by OP, nothing was done. It is stated that the complainant suffered mental harassment, loss of reputation and livelihood. It is prayed that OP be directed to pay a total sum of Rs.6,60,000/- comprising of Rs.1,35,000/- being the sale consideration of the said defective machine, Rs.2,00,000/- for loss of livelihood on account of the said defective machine and Rs.3,00,000/- as mental harassment for loss of repute and a sum of Rs.25,000/- as legal fees for sending the legal notices.
Notice was duly served to OP but nobody appeared on behalf of OP. Hence OP was proceeded ex parte on 05.09.2013. On 01.05.14 Mr. Satyavir Sharma, advocate appeared on behalf of OP and filed his vakalatnama and copy of the complaint was supplied to him. But thereafter he did not appear.
We have gone through the case file carefully.
The complainant has specifically stated that a defective machine was supplied to her as there was an inherent defect in the said machine from the beginning. The machine has not functioned at all resulting in huge loss to the complainant and caused mental harassment and loss of reputation as she was unable to do operation properly which has resulted in the wastage of previous professional time and also of clientele. The complainant is a reputed skin specialist and due to the said defective machine, the complainant has lost many of her regular patients and has lost reputation in the medical fraternity .
It is significant to note that before filing of the complaint, the complainant sent legal notice dated 19.07.2012 wherein she has specifically stated that the said machine was defective and did not function properly from the very first day. As a result of non-functioning of the machine, many of her patients left and are going to other hospitals for treatment. That notice was duly received by OP, postal receipts are placed on record. The machine was not replaced. In continuation of earlier notice, another notice dated 07.02.213 was sent wherein it is specifically stated that after receipt of legal notice, various round of discussions were held between the complainant and representative of OP company and it was assured that entire sale consideration amount shall be refunded but needful was not done. It is clear cut case of deficiency in service on the part of OP.
It is proved from the unrebutted testimony of the complainant that she lost her clients due to supply of defective machine and also there was loss of repudiation in the medical fraternity due to defective machine.
OP is directed to refund a sum of Rs.1,35,000/- alongwith interest @ 9% p.a. from 01.08.2012. OP is further directed to pay Rs.25,000/- towards compensation and Rs.10,000/- towards litigation expenses.
Let the order be complied with within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(H.C. SURI) (A.S. YADAV)
MEMBER PRESIDENT
