Dtd.25.04.2023                                            A/701/2023

O R D E R

      HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT

1.    This is an appeal filed U/s.41 of CPA 2019 by OP/Appellant aggrieved by the order dtd.27.02.2023 passed in CC/245/2022 on the file of 1^st Addl., District Commission, Bengaluru urban.  
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard. Accordingly found satisfied to dispense with issuance of appeal notice.
3. It is the case of the Complainant that, she had paid Rs.1,58,329/- to OP clinic on different dates for skin and hair treatment. She had underwent up to 6 sittings, however there was no any improvement, instead had severe headache, more pimples on her face and other health issues which is evident from Ex-P10/photographs. In support of her case, she has produced National Guidelines for Stem Cell Research and Therapy issued by the Government of India, Ministry of Health and Family Welfare wherein it is clearly mentioned that “at present there are no approved indications for stem cell therapy other than the hematopoietic stem cell transplantation (HSCT) for hemato logical disorders accordingly all stem cell therapy other than the above shall be treated as investigational and conducted only in the form of a clinical trail after obtaining necessary regulatory approvals, use of stem cell for any other purpose outside the domain of clinical trials will be considered unethical and hence is not permissible.” Hence she sought for refund of the amount, however, OP failed to refund, so also, failed to participate in the proceedings before the Commission below.
4. It is the contention of the OP/Appellant herein that, to provide such treatments it has got the license issued by Government of India, as such, prayed to give an opportunity to contest the matter before the Commission below. On looking into the entire appeal papers, it is nowhere found such license/document said to have been issued by Government of India to provide stem cell therapy. Instead terms and conditions, declaration obtained from the Complainant and such other documents such as consultation forms etc., are found in the records, which are all not come to their aid in view of the guidelines as to use of stem cell for any other purpose outside the domain of clinical trials will be considered unethical and hence is not permissible.
5. As such, we do not find any irregularities in the order of the Commission below, hence, does not call for interference of this Commission for the grounds set out in the appeal. Accordingly we proceed to dismiss the appeal with no order as to cost.
6. The amount in deposit is directed to be transferred to the District Commission for needful. 
7. Notify copy of this Order to the District Commission and parties.

Lady Member                             President      

*NS*