Complainant by filing this complaint has submitted that being allured by the several advertisements in the newspaper and magazines regarding beauty treatment and sliming treatment and laser hair removing treatment complainant was attracted and visited to the op’s place of treatment on 28.01.2009 with her parents at 96, Hem Chandra Naskar Road, Beliaghata, Kolkata-700010 and after conversation regarding laser hair removing treatment the op no.3, the employee of op no.1 received a sum of Rs.15,393/- for total package vide No. PKG/0103/08-09/000808, client Id. No. 1546 for 7 sittings for full arms and for 4 for under arms.

          That on 20.02.2009 and 18.03.2009 two sittings were held at the said place i.e. Phoolbagan Branch and complainant took her laser treatment by Dr. Smita Gomes without any pain, suffering and any spot in her any arms.  But for the third sitting, the complainant and her father visited on 13.06.2009 and complainant was sent to the another branch office at 47-A, Theatre Road, (Opp. Kala Mandir) Kolkata – 700017 by Mrs Rosy and where the op no.2 Ms. Somana Mukherjee had done the laser treatment of the complainant where she received sever burn injuries on her right arm.

          Thereafter complainant wrote a letter to Miss Kapoor on 16.06.2009 about the incident and expressed that she wanted to discontinue this treatment after such severe burn and she claimed the compensation for this acts and deeds and that letter was duly received by op no.5 Ms. Rosy on 16.06.2009 and that on the same day i.e. on 16.06.2009 complainant filed in written complaint to Phoolbagan Police Station and after that laser treatment complainant got severe burn injuries on her right arm and for which she went to the Phoolbagan Branch where they gave her some ice treatment and told very casually that this may happen sometimes and also said that they were surprised because they never seen such type of unbearable burn and said burn injuries was so severe that complainant visited with her parent to Dr. Sudip Das, M.D. on 24.06.2009 and 08.07.2009 for getting relief from pain of burn injury and still she is under his treatment and practically for their negligent and deficient manner of service and treatment she suffered much mentally, physically and at the same time she has lost his one year in B.A. Final Examination and treatment was still continuing for recovery.  In the above circumstances, complainant has prayed for compensation and damages to the extent of Rs.50,000/-.

          On the other hand, ops jointly by filing written statement submitted that op no.1 is the brand name under which Alankar Slimming & Cosmetic Clinic Pvt. Ltd. functions and the op nos. 2, 3, 4 & 5 are employees of op no.1.  But at present op nos. 2 & 3 left their jobs.  It is further stated that op is a well known company imparting the service of beauty treatment and sliming programs throughout the nation and had been serving to the utmost satisfaction of the clients and as because complainant has got herself enrolled with the op on 28.01.2009 and she was given treatment and admittedly the total programme consisted of Laser Maintenance Session – Arms Full- Maintenance Session 7 in numbers and Laser – Maintenance Session – Under Arms – Maintenance Session 4 in numbers and her session started on and from 20.02.2009 and it is admitted that the complainant had 2 sittings with one of the branch office or centre of the op and had a satisfied laser treatment and in all cases same procedure are followed in all the centres.

          Further while laser therapy is given the customers are duly consulted as to the level of heat and power, as the laser is being used not only to remove the hairs but also to stop the growth of the hair and accordingly only after such consultation with the customers the therapy is given as level of tolerance is different from man to man.  While setting the level of heat, as per due consultation with the customers, if any incident occurs as to minor irritation or mild burn, medical service is provided by the centre itself and in the instant case the laser treatment was done with consultation of the complainant and as because complainant asked the attendant to raise the level of heat power what she cannot feel when the laser was working and when she felt about little irritation, immediately the power of level was reduced and after the therapy/laser treatment the complainant was provided with necessary medical treatment for the area where she has reported to have felt the irritation.  So, the allegation of the complainant is completely false that she sustained burnt injuries and moreover complainant has not produced any copy of such documents of the doctor wherefrom it would be found that she had sustained burnt injury and she was under proper treatment and they have denied the allegation that the complainant sustained burn injury and the question of complaint does not arise and compliant should be dismissed.

                                               Decision with reasons

          After indepth study of the complaint and the written version and also considering the argument as advanced by the Ld. Lawyers of both the parties, it is found that it is undisputed fact that complainant was enrolled with the op on 28.01.2009 admittedly for the total package consisted of laser maintenance session by means of maintenance session 7 in number and that session started on and from 20.02.2009 and admitted fact is that initially she was treated in 2 sessions and in respect of 3^rd session the present allegation was made by the complainant.  But from the written version it is found that op has admitted that when complainant expressed her irritation heat volume or power or heat was reduced and primary medical treatment was given.  Thereafter complainant left the session without any further information.

          But fact remains that some burn injuries she sustained and in this regard it is to be mentioned that if the person who was treating the complainant had no such knowledge to treat by adopting laser treatment, so complainant sustained burn injury no doubt which is proved from the fact that after that she was treated by a medical doctor who gave her further treatment to recover from burn injury and from the said document dated 08.07.2009 it is found that her skin was burnt heavily and treatment was given by Dr. Sudip Das MD (Dermo) DNB (Dermo) Assistance Professor of NRS Medical College & Hospital and after treatment done by Dr. Sudip Das black spot were found on her hand and doctor has also noted in his prescription that it was due to laser of the heat.  No doubt op has not denied that fact that due to laser treatment such sort of minor burn injury may be caused but persons recover from their treatment.  But anyhow it is proved that complainant also sent a letter to Alankar Slimming & Cosmetic Clinic Pvt. Ltd. op no.1 the unit name of M/s Alankar Group and it was received by the op on 16.06.2009 stating her allegation.

          Thereafter complainant lodged diary to Phoolbagan P.S. and from the medical certificate issued by Dr. Sudip Das on 24.06.2009 it is found that burnt was severe.  So, considering the document that is prescription issued by Dr. Sudip Das on 24.06.2009 and 08.07.2009 it is found that complainant was under the treatment of Assistant Professor of NRS Medical College & Hospital Dr. Sudip Das from 24.06.2009 to 08.07.2009 and after treatment one black spot was created that means the burn was caused by the op no.1’s Clinic staff and their employees of the op no.1 and contract was made in between the complainant and op no.1.  Then it is the liability of the op no.1 to prove that no burn was caused at the time of laser treatment on the 3^rd sitting.  But from the very line of the written version of the op it is clear that level of power of heat was increased when complainant informed the attendant about feeling of irritation then immediately power of level of the heat is reduced that means the present treatment applied by the op upon the complainant was done by unskilled employee who did not apply the laser treatment properly and no doubt she had no skill to that effect for which she caused burn injury on her hand and practically complainant sustained severe burn injury for the negligent and deficient manner of duties of the staff of the op no.1 and for their negligent manner of skill in respect of laser treatment complainant suffered much and no doubt her treatment to beautify herself through the op no.1 is nipped in the bud in view of the fact after recovery from the said burn injury after lapse of 2 months black spot is found on her hand and this is the position of the treatment of so called laser clinic who are taking huge money and in this case it is undisputed fact that complainant paid Rs.15,393/- against 7 sessions but she completed only 2 sessions and on the very 3^rd sessions she suffered burn injury and no doubt it is the fault on the part of the ops and no doubt for their no skill to treat such a failed laser treatment and for lack of their knowledge of ops caused such burn injury even after payment of huge amount of Rs.15,393/- but she suffered a great loss in her life and truth is that in lieu of beautification her beauty has been damaged by the op and for which the complainant is entitled to compensation of Rs.50,000/- from the op on the ground after getting burn injuries from the ops she was further treated by Assistant Professor of NRS Medical College & Hospital Sudip Das M.D. DNB Dermo & Vain and spent further money.

          In the light of the above observation and findings we are convinced to hold that complainant has been able to prove the negligent and deficient manner of service rendered by ops to the complainant for which she sustained heavy burn injuries on her arms of the complainant and thereafter complainant suffered and treated by renowned doctor Sudip Das Assistant Professor of NRS Medical College & Hospital where she also spent huge amount and for which complainant is entitled to compensation to the extent of Rs.50,000/-as claimed and also litigation cost as awarded.

          Thus the complaint succeeds.

          Hence, it is

                                                        ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs.10,000/- against all the ops.

          Ops are jointly and severally directed to pay compensation of Rs.50,000/- to the complainant within one month from the date of this order for causing burn injury on the arm of the complainant causing damages on the skin of the complainant and for causing mental pain, agony and harassment as well as for loss of money for her further treatment for recovery of such burn injury and same shall be paid within one month from the date of this order failing which ops shall have to pay interest @ 10% per day over the said amount till full payment of the said amount including the litigation cost of Rs.10,000/- as awarded.

          Ops are jointly and severally directed to comply the order very strictly within one month from the date of this order in default for each day’s delay punitive damages @ Rs.300/- shall be assessed till compliance of this order and even for reluctant attitude of the ops to comply the order penal proceeding shall be started and for which they may also be sent to jail for implementation of this order.

          It is to be mentioned op no.1 Vibes shall be treated in all respect as Alankar Group Enterprise i.e. M/s. Alankar & Slimming Clinic Pvt. Ltd. and the same shall be noted against the details of op no.1 in the judgement and also in the complaint.