Date of filing:19.05.2022

                                                        Date of Disposal:29.12.2022

BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU – 560 027.

DATED THIS THE 29^th DAY OF DECEMBER, 2022

CONSUMER COMPLAINT NO.101/2022

PRESENT:

SRI.RAJU K.S,

SMT.REKHA SAYANNAVAR:MEMBER

Dr. C. Sheshgiri Chowdapurkar

Aged about 68 years

S/o Neelkanth Rao Chowdapurkar

No.006, Vijay Enclave II

Hoysala Apartments

Kalpana Chowla Road

Sanjaynagar, RMV II Stage

Bangalore 560 094.

Ph: 9900214871…COMPLAINANT

(Smt Manjula TR Adv. For Complainant)

Richfeel Health and Beauty Pvt. Ltd.,

Represented by its CEO

Head Office at No.26,

MR Society Relief Road

Daulat Nagar

Opp: Raheja College

Santacruz West

Maharashtra 400 054.…OPPOSITE PARTY No.1

Represented by its CEO/ Branch Manager

Branch Office at 41/1

Sri Sai, 2^nd Main

Above Aubree Haute

Vyalikaval Main Road

Benglauru 560 006. …OPPOSITE PARTY No.2

(Opposite party No.1 and 2- absent)

*****

//JUDGEMENT//

BY SMT.REKHA SAYANNAVAR, MEMBER

The present complaint is filed under Section 35 of Consumer Protection Act 2019 with a prayer to direct the Opposite parties to refund a sum of Rs.85,000/- with  current bank interest from the date of payment till repayment. Further to direct to pay compensation of Rs.50,000/- towards mental agony and litigation charges.

2. Brief facts of the complaint:

The complainant is the Doctor by profession. The Opposite parties running hair and scalp care treatment related problems under the name and style of M/s Richfeel Health & Beauty Pvt. Ltd. The complainant contacted the Opposite party No.1 after seeing series of advertisement in newspaper, magazine and social media. The Opposite party No.1 had instructed the complainant to consult Doctor Mahesh. The complainant had consulted Dr. Mahesh by paying consultation charges of  Rs.500/-.

3.      After consultation Dr. Mahesh had suggested for the artificial hair patch and placed the order for basic model by paying Rs.34,000/- from his debit card on 23.02.2021.

4.      Further after one month Dr. Mahesh called the complainant and suggested to go for the top end model which was available at reasonable rate as a special offer.  The complainant agreed and made the additional payment of Rs.51,000/- from his SBI Credit card on 31.03.2021. Dr. Mahesh said that the product would be ready after four months from the date of placement of the order and also asked the complainant to visit patch specialist to select colour, size, texture etc. The complainant made the payment of Rs.1,000/- to the Opposite party No.2 for the said reason. 

5.      The complainant further submits that he made the payment of Rs.85,000/- in total. The same was acknowledged by Dr. Mahesh.  After the lapse of more than four months there was no reply from the Opposite parties.  The complainant approached and visited Opposite party No.2 but of no use.  One Miss Sandhya the manager of Opposite party No.2 office kept on giving false excuses and assuring the arrival of the said product in few days. 

6.      The complainant got shocked and surprised when he received a call from Dr. Sunitha Sajal enquiring about the fitting of the hair patch to the complainant.  When the product itself had not been  delivered how she would enquire about the product.

7.     The complainant finally issued a legal notice dated 25.03.2022 the notice was duly served upon Opposite parties. Opposite parties had issued a reply notice dated 12.04.2022 to the said legal notice.  The complainant again issued a rejoinder notice to Opposite parties on 22.04.2022. The Opposite parties failed to comply the same. The complainant had suffered mentally and financially, left with no other alternatives,  approached this commission for redressal of his grievances under the Consumer Protection Act 2019 for deficiency of services and unfair trade practice. Hence this complaint.  

8.     The notice of the complaint were duly served upon the Opposite parties, they remained absent. Hence, placed exparte.

9.      The complainant had filed affidavit in form of her evidence in chief. Ex P1 to P6 are marked. 

10.    The counsel for the complainant filed detailed written arguments.

11.    Heard the arguments.

12. On the basis of the pleading and documents, the points that would arise for consideration are as under:

i) Whether the Opposite parties have followed the unfair trade practices?

ii) Whether the complainant proved the deficiency of service on the part of the opposite parties?

iii) Whether the complainant is entitled for the reliefs as sought in the complaint?

 iv) What order?

   13.   Our findings on the aforesaid points are as follows:

Point No.1 :  In affirmative.

Point No.2 :  In affirmative.

Point No.3 :  Partly in affirmative.

Point No.4 :  As per the final order for the following;

REASONS

POINT NO.1 & 2:-

14.   PW-1 has reiterated the facts of the complaint. To avoid the repetition of the facts of the complaint I have discussed Point No.1 and 2 together. The complainant has got  marked Ex. P1 to P6 documents. On perusal of Ex P1 to P6, it appears that the complainant had consulted the Opposite parties for the hair and scalp treatment and placed an order for artificial hair patch model on the advise of Dr.Mahesh.  The opposite parties have not delivered  the said product even after the payment of Rs.85,000/-, the same is acknowledged by Dr. Mahesh GG i.e. Ex P3.

15.    The complainant to prove his claim has produced Ex P1 Copy of the computer downloaded bank statement, Ex P2 Copy of the account summary of SBI debit card, Ex P3 Copy of the four receipts Ex P4 Copy of the legal notice with RPAD receipts acknowledgement, Ex P5 Copy of reply dt.12.04.2022 and Ex P6 Copy of rejoinder dt.22.04.2022 with RPAD receipts and acknowledgment.

16.   The Opposite parties in their reply to the legal notice of the complainant dated 12.04.2022 requested to furnish the supporting documents i.e. receipt of payment, consultation form or any other documents and also expressed that it is well known health care centre, “a pioneer into trichology and they have professional team of Trichologist doctors who are servicing Hair and Skin related solutions from more than three decades. That my client has never denied to provide any products or services to their clients however, any misunderstanding happened with your client, the company is ready to provide product/ services or refund as mentioned in the notice subject to furnishing the supporting documents such as receipt of payment, consultation form or any other supportive documents.”

17.   On perusal of Ex. P6 i.e. rejoinder notice dated 22.04.2022, it appears that the complainant had furnished all the following copies to the opposite parties as asked  in the reply notice to the legal notice of the complainant dated 25.03.2022.

“a. Customer receipt NO.80280, dated:23.02.2021 for having paid a sum of Rs.24,000/-.

b. Customer receipt No.245274, dated: 23.02.2021 for having paid sum of Rs.10,000/-.

c. customer receipt NO.86225, dated 30.03.2021 for having paid sum of Rs.51,000/-.

d. Acknowledgment of the payment of Rs.85,000/- by Dr. Mahesh GG, dated: 30.03.2022.

e. Bank statements from ICICI Bank and SBI Bank card details.

f. Richfeel Revolution Hair system customized order form.

18.   It is important to note here that even though after furnishing all the required documents asked by the Opposite parties in their reply notice Opposite parties  have not complied till filing of this present complaint and even not participated in the present complaint. The Opposite parties had not provided the agreed artificial hair patch all these acts of the Opposite parties show their mala fide intention to have unlawful gains and it attracts Section 2(47) Unfair Trade Practice and Section 2(11) Deficiency of service of Consumer Protection Act 2019. Hence I answer Point No.1 and 2 in Affirmative.

POINT No.3:

19.   The complainant made a prayer for the refund of Rs. 85,000/- paid with the current bank interest from the date of payment till the repayment. In support of his claim the complainant has produced Ex.P1 to P6. Perused. The complainant is entitle for refund of Rs.85,000/- with interest at 9% per annum from the date of payment i.e. on 23.02.2021 till realization.

20.   The complainant also made a request for compensation of Rs.50,000/- towards the mental agony and litigation charges. The complainant is entitle for compensation for Rs.20,000/- towards mental agony and hardship  because the Opposite parties have not provided the product ordered to the complainant towards which he made the payment of Rs.85,000/-. The complainant consulted the Opposite parties for his hair consultation for treatment to improve his personal and professional look to seek for better and new opportunities.  All this was disturbed and left the complainant with much disappointment.  Therefore I consider that the complainant is entitled for Rs.10,000/- towards litigation charges.  Hence I answer Point No.3 partly in affirmative.

20.  POINT NO.4:- In view of the discussion made above, we proceed to pass the following;

The complaint is allowed in part.

The Opposite party No.1 and 2 are jointly and severally liable to refund Rs.85,000/- to the complainant with interest @ 9% per annum  from date of payment i.e. 23.02.2021 till realization.

Further the opposite party No.1 and 2 are directed to pay the compensation of Rs.20,000/- to the complainant and Rs.10,000/- towards litigation cost.

The opposite party No.1 and 2 shall comply the order within 30 days. In case, they fail to comply the order within the said period, the amount of Rs.30,000/- carries interest at the rate of 9% p.a. from the date of order till realization.

Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

Applications pending, if any, stand disposed of in terms of the aforesaid judgment.

  (Dictated to the Stenographer, typed by him, the transcript corrected, revised and then pronounced in the open Commission on 29^th day of December, 2022)                                            

• REKHA SAYANNAVAR) (RAJU K.S)    (SHIVARAMA. K)    
  144616126.                        

//ANNEXURE//

Witness examined for the complainants side:

Dr. C Sheshgiri Chowdapurkar, the complainant

has filed his affidavit.

Documents marked for the complainants side:

1: Copy of the computer downloaded bank statement.

2: Copy of the account summary of SBI debit card.

3: Copy of the four receipts.

4. Copy of the legal notice with RPAD receipts acknowledgement

5. Copy of reply dt.12.04.2022.

6. Copy of rejoinder dt.22.04.2022 with RPAD receipts and acknowledgment.

Witness examined for the opposite party side: 

- Nil -

Documents marked for the Opposite Party side:

- Nil -

(REKHA SAYANNAVAR) (RAJU K.S)    (SHIVARAMA. K)