Haryana

Bhiwani

CC/353/2023

Rajni - Complainant(s)

Versus

Preet Lamba - Opp.Party(s)

Suraj Chand

24 Jun 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

                  Consumer Complaint No. : 353 of 2023

                   Date of Institution             : 08.12.2023

                                                            Date of Decision               : 24.06.2024

 

Rajni D/o Sh. Veerpal Singh, age 25 years R/o 149, Neem Chowk Near Anna Kshetra Naya Bazar, Bhiwani, Tehsil and District Bhiwani.

 

          ……Complainant.

 

Versus

 

1. Preet Lamba Lasting Impressions Aesthetics, WZ-37, Ram Nagar, Extension, Chaukhandi, Tilak Nagar, New Delhi, Delhi-110018.

 

2.  Preet Lamba Lasting Impressions Aesthetics, Haldiram, 2^nd Floor, Anmol Vatika, Number 4, Hind Nagar, Block 8, Tilak Nagar, Delhi-110018.  

 

….. Opposite Parties

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Sh. Suraj Chand, Advocate for complainant.

                    OPs exparte.

 

ORDER

 

Shashi Kiran Panwar, Member.

 

1.                 Brief facts of the present complaint are that complainant in order to get treatment of black spotting on face from OPs and for this purpose, she paid Rs.61,050/- on 15.05.2023  via electronic mode of payment as well as in cash. As per complainant, Ops claimed that the treatment has good result upto 100%. Complainant has alleged that after using the said treatment/cream, the black spotting on the face has increased as well as the face of complainant has become reddish with acne.  So, OPs were informed but it did not pay any heed to genuine request of complainant despite bringing the matter before govt. authorities, Delhi. In this regard, legal notice was served upon the OPs but of avail.  Hence, the present complaint has been preferred seeking directions to OPs pay Rs.61,050/- alongwith interest, further to pay Rs.1.00 lac on account of compensation, Rs.45,000/- towards special diet besides litigation expenses.

2.                 Notices were sent to OPs but they did not bother to appear and were proceeded against as exparte vide order dated 18.01.2024.

3.                 Learned counsel for complainant tendered in evidence documents Annexures C-1 to Annexure C-7 and closed the evidence.

4.                 We have heard learned counsel for the complainant and perused record carefully. Written arguments filed on behalf of complainant.

5.                 As alleged by complainant that she paid Rs.61,050/- to the OPs, there is only receipt of Rs.46,050/- on  record (Annexure C-2). Complainant has also not placed on record bill of the aforesaid amount of Rs.61,050/-, therefore, it is assessed that complainant has paid only Rs.46,050/- to the OPs for the treatment. We have perused the photographs Annexure C-4 which reveals black spots, acne and reddish on the face of complainant. Ld. counsel for complainant in order to strengthen his case has placed reliance on case law delivered by the District Consumer Disputes Redressal Commission-II, U.T. Chandigarh, complaint No.329 of 2021 titled Mrs. Seema Sharma Vs. Make Over Place (Beauty Saloon) etc. decided on 09.05.2023.

6.                 After hearing learned counsel for the complainant as well as going through the record especially photographs, we have observed that the face of complainant was in very deteriorated condition. Complainant in support of her version in the complaint has filed her affidavit. It is pertinent to mention here that Ops did not defend their case despite issuing notices to them. In such a situation, we have no option except to believe the version of complainant supported by affidavit.  Accordingly, we are of the view that the OPs were negligent, deficient in providing proper services to the complainant as alleged in their advertisements placed on record and have also adopted unfair trade practice which dragged the complainant into this unwarranted litigation. By such act & conduct of OPs, complainant must have suffered monetary loss as well as loss to her beauty besides mental and physical harassment. Hence, the complaint is allowed and OPs, jointly and severally, are directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To refund Rs.46,050/- (Rs. Forty six thousand fifty) to the complainant.

(ii)      To pay a sum of Rs.5,000/- (Five thousand) to the complainant as compensation for harassment.

(iii)     Also to pay a sum of Rs.5,000/- (Five thousand) as litigation expenses

                     In case of default, the OPs shall liable to pay simple interest @ 6% per annum on all the aforesaid awarded amounts for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite parties may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.    

Announced.

Dated:24.06.2024