District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.55/2020.

 Date of Institution: .23.01.2020.

Date of Order: .31.10.2022.

Gulshan Kumar aged 52 years son of Shri Bihari Lal, resident of House No.1-G/63-C, near Kalyan Singh Chowk, NIT, Faridabad Aadhar card No. 3884 2929 1568, Mobile No. 9873432465.

                                                                   …….Complainant……..

                                                Versus

1.                Rediscover Clinic Pvt. Ltd., SCO-2, Below Kotak Mahindra Bank, sector-16, Faridabad, Haryana – 121002 through its authorized person.

2.                Rediscover clinic Pvt. Ltd, K-4/AB, Kalkaji, near C.G.H.s.Dispensery, New delhi through its authorized person.

                                                                   …Opposite parties……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana………….Meber.

PRESENT:                   Sh.  Yogender Kumar,  counsel for the complainant.

                             Opposite parties Nos.1 & 2 exparte vide order dated 24.8.2022.

ORDER:

                   The facts in brief of the complaint are that  the complainant availed the facility of hair treatment package i.e PRP+24 hair Meso from the opposite parties and in this regard the complainant had paid an amount of Rs.36,000/- to the opposite parties through credit card of standard chartered bank through card No.5546 2329 2020 9193 on dated 27.12.2018.  The above said package  of treatment for one year. At the time of taken the above said package from the oppositeparties the representative of the opposite party assured to the complainant that they would provide the best services to the complainant and fully satisfied the complainant.  The opposite parties had given the first treatment to the complainant on 28.12.2017 and thereafter the treatment was continue upto now and the complainant was not satisfied with the work of the opposite parties which was given by the opposite party to the complainant on the respective dates and the said work could not performed from the qualified/expert/certified person.  Since the taken of the above said package from the opposite parties in respect of the treatment no satisfactory work done by the opposite parties and did not take care to the complainant in respect of taken the package by the complainant from the opposite parties.  The complainant was not satisfied with the work of the opposite parties and the opposite parties intentionally and knowingly without any reason or rhyme continue the said package of the complainant.The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite parties to:

a)                return the amount of Rs.36,000/- alongwith interest which was paid/given by the complainant to the opposite parties for the treatment of hair of the complainant but the treatment was given inferior quality and did not given the

competent/qualified person to the complainant and demanded the extra/more amount from the above said package.

b)                 pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .

c)                 pay Rs. 11,000 /-as litigation expenses.

2.                Opposite parties Nos.1 & 2  put in appearance through counsel and filed written statement wherein Opposite parties Nos.1 & 2 refuted claim of the complainant and submitted that  as per admission of the complainant, he has taken the treatment from the opposite parties  about more than 22 sitting against Meso out of 24 sittings and about 20 sitting for against PRP, the said sitting were duly confirmed by the complainant while making his signature against the said sittings.  It was the complainant who after taking the such treatment, it was the complainant who after taking the such treatment, it was the complainant who had chosen the other way and concocted a false story in order to get undue favour from this Hon’ble  Forum.  It was submitted that proper and adequate treatment had been provided by the opposite party to the complainant.  But was the complainant who even after taking the treatment from the opposite party upto his entire satisfaction had filed the present complaint in order to harass and humiliate the answering opposite party,  At the time of taking the treatment entire termsand conditions were stated to the complainant for which the complainant was totally agreed.  It was clearly stated to the complainant that “Money once deposited will not be refunded however I can be adjusted against any other treatment after 20% deduction in the amount paid”.   It was further submitted that the provided by the opposite party was upto the mark and satisfaction of the complainant but was upto the mark and satisfaction of the complainant, but it was the complainant who even after taking

the treatment had filed the present complaint. Opposite parties Nos.1 & 2 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.

3.                The complainantled evidence in support of his respective version.

4                 Case called several times since morning but none appeared on behalf of opposite parties Nos.1 & 2. It was already 3.30p.m. Waited sufficiently.  No more wait was justified.  Hence, opposite parties Nos.1 & 2 were hereby proceeded against ex-parte vide order dated 24.08.2022.

5                  We have heard learned counsel for the complainant and have gone through the record on the file.

6                 In this case the complaint was filed by the complainant against opposite parties – Rediscover clinic Pvt. Ltd. with the prayer to:a)  return the amount of Rs.36,000/- alongwith interest which was paid/given by the complainant to the opposite parties for the treatment of hair of the complainant but the treatment was given inferior quality and did not given the competent/qualified person to the complainant and demanded the extra/more amount from the above said package.b)     pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .c)  pay Rs. 11,000 /-as litigation expenses.

                   To establish his case, the complainant  has led in his evidence Ex.CW1/A- affidavit of Gulshan Kumar, Ex.C-1 – credit card pertaining to receiving of the payment from the complainant, Ex. C-2 – treatment dates.

7.                In this case, the complainant availed the facility of Hair treatment package i.e 24 PRP + 24 hair Meso from the opposite parties and in this regard the

complainant had paid an amount of Rs.36,000/- to the opposite parties through credit card of standard chartered Bank through card No. 5546 2329 2020 9193 on dated 27.12.2017 vide Ex.C-1. The opposite parties had given the first treatment to the complainant on 28.12.2017 and thereafter the treatment was continue upto now and the complainant was not satisfied with the work of the opposite parties which was given by the opposite party to the complainant on the respective dates and the said work could not performed from the qualified/expert/certified person. The details of the treatment dates are Ex.C-2.

                   On the other hand, opposite party stated in his written statement that money once deposited will not be refunded however it can be adjusted against any other treatment after 20% deduction in the amount paid.

8.                There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite parties Nos1 & 2 have not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite parties Nos.1 & 2 have rendered deficient services to the complainant.

9.                After going through the evidence led by the complainant as well as the  written statement filed by the opposite party, the Commission is of the opinion that  as per the terms and conditions of the opposite party that money once deposited will not be refunded however it can be adjusted against any other treatment after 20% deduction in the amount paid. Hence, the complaint is allowed.

10.              Opposite parties , jointly & severally, are directed to deduct the 20%  amount of the paid amount and pay the balance amount to the complainant alongwith interest @ 6% p.a. from the date of filing of complaint till its realization. Opposite parties Nos.1 & 2 are also directed to pay Rs.2200/- as compensation for causing mental agony  & harassment alognwith  Rs.2200/- as litigation expenses to the complainant. Compliance of this order  be made within 30 days from the date of receipt of copy of this order.  File be consigned to the record room.

Announced on:31.10.2022                                   (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

          Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.

                                                                                                                                                         (Indira Bhadana)

          Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.