JUDGEMENT
Complainant by filing this complaint has submitted that she is a lady aged about 27 years by occupation house wife and after her delivery and for some other related reasons her abdomen appeared slack and stretch marks on the lower and middle abdomen of her body were found. Thereafter she went to Dr. Urmila Kundlia D.G.O. at her chamber at Health Point Clinic at 21/1, Prannath Pandit Street, Kolkata-25 and doctor examined and prescribed some medicines and referred to dermatologist/cosmetologist or plastic surgeon. Thereafter being allured by the hoardings of the op for the redressal of such problems accordingly complainant approached the op and talked with Ms. Sushmita Das an employee of the said establishment and to whom disclosed the details of her problems and sought for advice and suggestions on 11.12.2012. when that lady on behalf of op offered a package for stretch mark lightening treatment for her irritating problem and she bosted of their concern with multi various arrangements and facilities at different parts of country and as she was offered the package, complainant enquired about the charge and duration and also enquired about the suitability etc. When she was told that the charge was fixed at Rs. 70,000/- which shall be paid for treatment cost for just one and half months and there would be 10 sessions during this one and half month.
At that time she enquired whether the treatment is painful and troublesome but in reply op assured that it is neither a painful nor troublesome as. Being an occasional resident at Mumbai she intended to go to Mumbai on 08.02.2013 what was reported but op reported that 10 sessions would be completed before 08.02.2013 and so she was persuaded to pay the full amount of Rs. 70,000/- prior to the initiation of the session and paid Rs. 70,000/- i.e. Rs. 25,000 on 13.12.2012 and Rs. 25,000/- on 14.12.2013 and the rest of Rs. 20,000/- paid on 15.12.2013 vide their receipt duly signed by ops’ authorized signatories.
Being convinced about words of the op personnel’s and their assurances and commitment of the guaranteed excellent result complainant being assured about getting desired result opted for their offer and attended the said treatment on 13.12.2012 for the first session of the package. When Dr. Piyali Ghosh started the first session from whom she came to learn that Sushmita’s commitment of assurances as to painlessness of the treatment and time duration is not correct and during treatment hours of the first session, complainant experienced a painful experience of the treatment which was of course painful and was bearable.
Subsequently the programme of the package clashed with complainant’s time frame and time schedule and the duration of the package programme became 4 months at least. But complainant failed to afford such time. But prior to opting for the package, complainant categorically told on 11.12.2012 that she will leave for Mumbai on 08.02.2013 and the treatment will have to be completed before that date positively and when she was told that the time of duration is one and half months so it would cause no problem.
Considering the subsequent event and effect and treatment of the op it was found that she was duped and frustrated and further realized that there is difference between the words and assurances and the harsh reality on the other hand in all senses inspite of enjoying different type of pains. But even then she talked to Madam Sushmita and others of the op for refund of complainant’s money but they refused and assured that matter would be smooth and easy and persuaded her to continue. Relying upon their words, she was compelled to continue. However after taking 3rd session she found that the whole skin of the abdomen was totally damaged and instead of reducing her stretch marks got more deeply affected marks which are glairing and the whole skin was found burnt and total area is now grotesque and after 3rd session the situation turned into worse and it is not bearable and practically for adopting such lackadaisical attitude on the part of the ops and causing harassment and mental pain and agony and no chance of recovery complainant lodged the complaint before the Consumer Affairs Department and that authority called a tripartite mediation meeting on 11.04.2013 and on 15.05.2013 for redressal but op did not turn up. So complainant was advised to seek judicial redressal through Consumer Forum and accordingly being harassed and also for giving a hoax treatment and causing mental pain and agony and for taking such amount with false assurance and for unfair trade practice and deficiency of service, complainant has filed this complaint for redressal and compensation etc against ops.
On the other hand op by filing written statement submitted that the present complaint is not maintainable in the eye of law and it is specifically stated that after complete understanding of the package, complainant booked for 10 sessions of Advance Chemical Peels for the treatment of Stretch Marks for Rs. 70,000/-. The bill has been made for 15 sessions as the area to be covered was very large and the treatment can be given at a gap of 7 days depending on the response and after a session, the damaged skin starts to peel off for 2-3 days and new skin layer is formed and next session can be given after 7 days. Therefore the gap in between the sessions was more than 10 days and truth is that complainant availed of 3 sessions with good results. So, she met Dr. Leena Aggarwal on 17.01.2013 , but a session could not be given as there was still a lot of peeling. Then the 4th session was scheduled on 25.01.2013 and on 23.01.2013 complainant went to the centre with her mother and asked for refund of her money saying that she did not want to continue with the treatment and she used abusive language with the staff and even hit some of the staff members and thus she disturbed other clients.
It is fact that complainant sent an email to the head office of Ms. Arti Kohil, Vice President, Vibes and she spoke to the complainant and tried to convince her about her process. On 24.01.2013 she went to the centre with 6-7 males and 20 other men who were waiting outside the centre and threatened the female staff members and shouted at them and used abusive language. So Vibes lodged a complaint with the local police station against the behavior of complainant and for the security of Vibes female staff members.
Subsequently a reply was sent from the head office to the complainant by email and requested her to continue with the treatment that Vibes will be happier to execute the remaining 7 sessions. Subsequently on 24.01.2013 complainant again went to the centre and again created shouting and abusing the staff. Then police was called at that time and they informed about the complainant that this was not the way to deal with the issue and that the complainant should not behave in this manner at the centre.
Thereafter complainant went to the head office on 25.01.2013 and asked again for refund to which she was informed to continue and to avail of her remaining services as refund was not the company’s policy but denied all other allegations as made by the complainant and further submitted that the entire complaint is full of false story and a hoax for which there is no merit in this complaint. It is specifically mentioned in the written version that the process of treatment in such cases as applicable in case of the complainant –1) cleaning the surface with plain water, 2) applying the prilox evenly on the surface to be treated for 45 mins to 1 hour evenly on the surface which will be treated, 3) after 45 mins cleaning the area with betadene anti biotic solution. 4) using derma roller all over the area done by qualified trained doctors, 5) applying salipeel for 15 mins and neutralizing the peel with the cold water, 6) applying vitamin c serum and merging it in skin and applying retises ct evenly all over the area and rub, 7) after that wrapping the treated area with cellophane paper and asking the client to wash the area after 8 hours with cold water, 8) advising the client to use medicated moisturizer and 9) the entire service procedure used to take 2 hours approximately. But it is not painful as falsely and maliciously alleged by the complainant and the allegation of her as lodged by the complainant is completely false and fabricated. Op has further submitted that complainant did not attend the session out of stages and op cannot be saddled with the charges of any deficiency in service. So any sort of compensation or damage cannot be paid by the op and that question does not arise. Op imparted his duty with utmost honesty and without any infirmty or irregularity or defect and the programmes under the op are regularly being held but the complainant stopped attending the sessions and so she failed to get any proper result as expected by her. So op prayed that the complaint should be dismissed with exemplary cost.
Decision with reasons
After critical study of the complaint along with the written version and also relying upon the defence of the op and allegations by the complainant, it is clear that Vibes issued a receipt for a compact treatment dated 13.12.2012 and ultimately that was the first day, for alleged treatment of removal of stretch mark on abdomen of the complainant and for taking the slack abdomen. Fact remains that op has admitted that they are treating such sort of patient and they are expert and can remove such stretch mark on the belly of any lady which was generally caused after delivery and particularly in this case the complainant has admitted that stretch mark was found after delivery and her abdomen portion was slacked after delivery.
Out of contention of the op in their written statement that they adopted such procedure for toning the loose skin of the abdomen after delivery and stretch mark after delivery and they also mentioned what type of process are taken by them for the purpose of recovery of such sort of stretch mark or loose skin of abdomen after delivery.
Op has produced their first prescription dated 13.12.2012 wherefrom we have found that in the said prescription nothing is noted about the history of stretch mark or any other matter except the address, phone number, email and age but there are some other column such as weight, height etc. some are found blank, not only that about allergy, diabetes, gyno problem, hypertension or some other related disease the columns are found blank. About skin there are certain queries that are also blank. From the next page of the prescription, it is found on 3 occasions that is on 13.12.2012, 27.12.2012 and 23.12.2012 stretch mark matter was attended by Dr. Piyali. But no other matter is noted. Now the question is whether the processes as adopted by the op for such treatment is at all scientific and whether it has its any scientific medical base or confirmation from any corner. In this context this Forum repeatedly asked the op to produce authoritative book in respect of that subject to satisfy whether after delivery stretch mark can be removed by applying any sort of cream or lotion or any other process. Our general knowledge is that stretch mark of our mothers or grand-mothers never we found that it has been vanished. Then we are sure that there is no authority in this regard and there is no such document produced by the op that it is a part of any skin treatment by any dermatologist. Whatever it may be this Forum observed that the complainant is a lady having a heavy weight. Truth is that if abdomen portion is larger than the chest then invariably in case of any lady if she is found not married woman, also stretch mark may be caused. Nowadays in so many instances, the girl aged about 16 to 20 years having obesity also suffers from stretch marks on her/their legs, thigh, back and also on the belly. Probably about that theorization of op, Dr. Piyali is/was not aware and we are confirmed that this institution Vibres is not the author of that theorization whether stretch mark can be removed or not. No doubt nowadays it has become a common idea of the women at large to be a beautiful and for which even a dark lady goes to ops for which ops business is being flourished and in this regard we shall have to consider the very vital theorization who get stretch mark and whether it is possible to prevent it or to remove it and what is the anatomy of stretch mark. Those three theorizations were asked to the op and their buyers but they are found funmding before this Forum and ultimately op closed their argument.
Accordingly we tried to solve this dispute on the basis of the theory of medical science but fact remains that we are not at all knowledgeable person about medical science for which we have collected research work of Elizabeth B. Krieger a world famous dermatologist and from his research papers we have got the answers. Question no.1 Anatomy of Stretch Mark – Stretch Mark happens when body grows faster than skin can keep up with. This causes the elastic fibers just under the surface of the skin to break, resulting in stretch marks. So from this definition it is clear that stretch mark can be caused to any lady who is fatty and weight is abnormal.
Another question is who gets stretch mark? About 90percent of women will get them sometime after their sixth or seventh month of pregnancy, according to the American Academy of Dermatology as per research of the Dermatalogy Department and it is specifically opined by Dr. Mary Lupo, MD Clinical Professor of Dermatology at Tulane University School of Medicine and also by Dr. Heidi Waldorf, MD an associate clinical professor of dermatology at Mount Sinai School of Medicine in New York City and another professor Anne Chapas, MD, a clinical instructor of dermatology at Mount Sinai Medical Center have confirmed that if any mother had stretch marks, then her daughter more likely to have them too, since genetics plays a vital role.
Stretch mark differs due to complexion. If one has a lighter complexion she will tend to develop pinkish stretch marks. Darker skinned women tend to get stretch marks that are lighter than their skin tone.
Is prevention possible? All the doctors including one Indian famous doctor Hansa D. Bhargava, MD have confirmed “ unfortunately, there’s no way to prevent stretch marks, there is not a cream, lotion, or mommy balm that can do that – and if that is the claim on the bottle, do not be fooled, Lupo says and others also. Lastly all those doctors came to a conclusion that after their long research on treatment of several types of such ladies with stretch marks they came to a conclusion that “ it is always a good idea to keep you skin hydrated with a rich lotion or cream, especially it makes your skin feel better, look smoother and more tanned, and helps in itchiness that can come with your growing belly” that must be started from the progress of the month of growing belly due to pregnancy and same can be used but that lotion etc. can be used only to prevent prior to delivery not after delivery. It is also specifically opined by those doctors’ process of tanning the loose skin is not actually possible after delivery but all precautions must be made during continuation of pregnancy. As per those doctors opinion many things change after being conceived and along with conception many physical changes shall be found chief among them is stretch marks and for many women, stretch marks are as must a part of having a baby as diaper and feedings and as per their opinion that marks often start out reddish or purple but after pregnancy they gradually fade to white or gray.
Considering this authoritative research doctor’s opinion of different universities, it is clear that the present stretch marks on the abdomen or belly of the complainant cannot be removed by any means and there is no medical science for removal of it. Another factor is that no history of stretch marks in the present case was noted. The skin was also not tested by the ops before that, no history of stretch marks of her mother or grand-mother are taken and another factor is that dermatologist cannot tone up the skin as per medical science. At best due to use of dermaroller some fat of abdomen can be removed but for that reasons sometimes skin of the belly is affected, but all those matters were not considered by the op before using dermaroller etc. on the belly of the complainant and in fact complainant suffered huge pains and sufferings and her skin had been very itchy etc and truth is that after taking three sessions complainant suffered from skin disease and same are pain and itching over abdomen after application of the medicines of cosmetic center for the purpose of the removal of the stretch marks but such an attempt is completely unknown in medical certre.
Fact remains the entire procedure in advertisement as made by the op is a hoax and no doubt the complainant had been deceived by the op and fact remains that there is no such document before this Forum produced by the op that it is a medical procedure for removal of the stretch mark for which in the prescription name of the doctor in full with qualification is not there and there is no note actually who treated the lady.
But fact remains that ops failed to prove that they adopted any live of treatment as per medical science of dermatology for the treatment of the removal of the stretch marks of the belly of the complainant and tanning of the skin after delivery. We have gathered from the opinion of different professor of universities of the Department of Dermatology that during gradually expansion of belly to check slackness of belly skin and control the stretch marks it must be done during continuation of the growth of belly and during continuation of process it is necessary and particularly the doctors have opined whatever may be the lotion or cream or any bum and whatever is written in the said level that will not remove stretch marks. So the present ops procedure of treatment as noted in the written version has no medical affiliation and no researcher of any university of dermatology has enclosed any such process of treatment as stated by the ops.
So, considering all the above facts and materials procedure as adopted by the op we are convinced to hold that the whole procedure as adopted by the op is hoax and fabricated procedure for the treating lady to make beautiful by their process and in this case no doubt the complainant has been duped by the op and the entire business of the op and fact remains that the complainant for making herself beautiful by removing slackness and stretch marks of her belly. But it is found that op is a famous establishment for duping, alluring and harassing the lady and in this case the entire defence of the op appears to us is completely a false and fabricated defence and most peculiar factor is that their Dr. Piyali may appear before this Forum and she may show her educational qualification as dermatologist and no such paper is produced to confirm as per medical science said procedure was adopted no piece of paper is filed to prove that op is a medical clinic that means op is nothing but a beauty parlor and we are well aware of the fact what is the act of the beauty? Beauty as created by parlor subsists till taking another bath that means it is no doubt a touch and it is no doubt a reluctant process and all those process was made by the op which is not recognized by any Dermatologist Department of university or researcher doctors who have already applied their research and confirmed that fact what has been widely accepted about removal of stretch marks.
In the light of the above observation and considering the medical science of the present theorization of the treatment we are convinced to hold that the process of treatment of ops is not a treatment but one type which is generally used in any beauty parlour for making a black to white and to make a twisted nose as straight when its existence is up to bath. So it is not manner of treatment as expressed by the op and fact is that nothing was done by the op but they realised Rs. 70,000/- and it is no doubt one kind of pick pocket of the lady who are trying to look after beauty parlor and we are well aware of the fact that beatification is a process. But it must be maintained day to day and if it is not continued day to day natural beauty comes and after taking into account of the entire materials of the research work of those doctors as referred we are convinced to hold that stretch marks are on the belly of mothers that is the mark of mother that is natural beauty. Anyhow this complainant has failed to realize that it was obviously on their mothers’ belly and there is a beautiful expression of a mother in such a manner “ you are my son and I am not in a position to say how I have delivered you but my stretch mark is a mark of your birth and on delivery you can realise that what type of sufferings I suffered for the tenure of 10 months before your delivery and it is my pleasure that this mark is a mark of your birth and it is a mark of my status as a mother”. This beautiful expression of a mother must be realized by all the mothers and also by the op’s company. No doubt we are losing all sort of senses of moral life, at the same time we have failed to learn SAHABAT for which we are facing several type of problems in our life and fact remains need of the woman must be on the basis of requirement beauty is not a part of life. So, many cases ladies are for their beauty have been attending parlour but they are not attending hospital for monthly or daily check-up about their health. There are so many examples in this regard. Michel Jackson went to cosmetic surgery to change his skin from black to white for which took different type of medicines like steroid etc. and ultimately he suffered from several type of diseases and to control the same higher dose was used and that is no doubt a poisonous dose and ultimately Michel Jackson died that is painful history of the death of Jackson who was a black at his birth and when he died he was a white person. No doubt it is the gift of the cosmetic surgeon but that cosmetic surgeon ultimately failed to give his life expectancy. We are not thinking about our life expectancy, we are thinking about our beauty, we are thinking about our aristocracy, we are thinking about high status but we are not thinking about our life expectancy about our health and daily knowledge education etc. delivered such knowledge of the people at short so that they may be enriched. Women are spending money for purchasing sophisticated beautiful articles to make them beautiful but women do not think, what would be the ultimate result of such beautification. Practically we the consumers (we the people) have failed to realize the thought of Buddha. Lord Buddha’s philosophy is that our life is beautiful and if we go beyond the need based life we must have to adopt dishonest path to obtain more money otherwise more than need based life cannot be maintained. Practically this aforesaid matters are discussed in view of the fact in the present case as consumer present complainant has been deceived by the op on the ground she was not aware of the fate and ultimate fate in the hands of the op. but it was the duty of the complainant to talk with an expert doctor to know what would be the ultimate result if she would go to that op and whether she shall have to get result medically but only followed the lucrative advertisement by which the ladies are being targeted and that is one kind of unfair trade adopted by the op by false representation but attend ladies for beautify has been spending huge money but ultimate result would be enjoyment of natural bath beauty.
In the light of the above findings we are convinced to hold that the lady has been deceived by the op and op is not a medical institution having their any medical status. Better it is nothing a parlor and in parlor all those ladies are being deceived and harassed. If no one goes to parlor he shall have to get lotion or any cream in which vasline A to Z vitamin are mixed which will give sometime to remove the dead skin. But without using cream astrigent can be used for removing of dead skin which is nothing but high degree spirit but we are not using high degree spirit in our body but we are purchasing astringent at high rate for we are being deprived daily. It is not our expression but it is expression of Nobel Laurate SIMON who has told that need based demand of consumers are very vital factor for protecting their own interests. So, the consumer must be very aware also about their need at first. In fact by adopting unfair trade practice and for deceiving the complainant like ladies/consumer lack of awareness in such a manner having op’s no medical dermatological knowledge, having no medical license as practicing as dermatological op clinic is continuing this business and also the procedure as adopted by the op is not at all procedure as per medical science of dermatology. But procedure as has been adopted in this case by the op is nothing but use of cream etc. but Noni, Makhon, Halud are sufficient for making a skin tanned as per old system and practically in the cream or lotion etc all those articles are there but in moisture riser form some colour, scents etc are mixed nothing more and one cannot believe Rs. 70,000/- already was received for causing skin toned and removing stretch marks on the belly of the complainant but subsequent doctor’s view is that practically after taking 3 sessions complainant suffered much and in place of getting result she got a very worst result that means for applying of the same further the skin had been damaged.
Even Dr. Jason Rivers of the University of British Columbia’s Department of Dermatology and Skin Science expressed that world famous BB creams claims that by using BB creams, skin can be regenerated. But in the opinion of the doctor same is not retinoid based. So, it is parallel to cosmetic articles and in the said BB creams only vitamin-C and hyaluronic acid is there. But using that BB creams skin whitening purpose cannot be served and that product is also not used in animal and it has no laboratory tested certification. Though BB cream has captured a vital portion of the cosmetic market at different parts of the world and as per doctors opinion on research that doctor has also come to a conclusion that world famous BB cream is nothing but one type of tinted moisturizer as regular foundation and under power, depending on the desired amount of coverage and practically BB cream was originally formulated in the 1960s in Germany by dermatologist Dr. Christine Schrammek to protect patients’ skin after facial peels and surgery for the purpose of drying the skin of the patient after facial skin and surgery. So considering that fact it is clear that all the creams of moisturizer or other type of lotion which are used for the purpose of making skin tinted is completely a baseless theorization and in the present case no doubt the cream/lotion or moisturizer which is used on the belly of the complainant became useless because stretch mark cannot be removed by using such creams/lotion or moisturizer etc., not even by using dermaroller and in reality the entire procedure as adopted by the op is completely a hoax. But the beauty thrust ladies are even then targeted by such ops for running their fake business which is proved in the present case.
In the light of the above findings and also relying upon the medical science of dermatology and authoritative opinion of those doctors we are convinced that the complainant’s claim is no doubt proved beyond any manner of doubt against the op and for which op shall have to compensate along with litigation cost for adopting unfair trade practice and also for deceiving the complainant in such a manner by false representation and misguiding advertisement.
Thus this complaint succeeds.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest with cost of Rs. 10,000/- against the op.
Op is directed to refund Rs. 70,000/- which has been received by the op from the complainant to deceive the complainant within one month from the date of this order to the complainant.
Op for adopting unfair trade practice and for applying unscientific quake type treatment and also for making such false representation and advertisement in their newspaper and other places to deceive the complainant by that way and also for causing mental pain, agony, harassment to the complainant, op shall have to pay a compensation of Rs. 50,000/- to the complainant within fifteen days from the date of this order.
To check such sort of malpractice by the op and to save the people from the hands of such ops and also for adopting unfair trade practice by the op, op is imposed a punitive damages of Rs. 25,000/- which shall be paid to this Forum within 15 days and it is imposed only to check future activities of the op.
Op is directed to comply the order very strictly within the stipulated period failing which even for non compliance and disobeyance of the Forum’s order penal proceeding u/s 27 of C.P. Act 1986 shall be started for which op shall be prosecuted and further penalty and fine may be imposed.
Further op shall not publish any sort of false and misguiding advertisement in any manner and place by using media or internet also.
