Chandigarh

DF-I

CC/488/2021

Nishant Kalyan - Complainant(s)

Versus

Shree Balaji Beauty & Healthcare - Opp.Party(s)

Satish Kumar

28 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/488/2021
Date of Institution	:	27/07/2021
Date of Decision	:	28/09/2022

 

Nishant Kalyan, aged about 31 years, S/o Sh. Dinesh Kumar, R/o H.No.107, Omaxe Cassia, Phase-3, New Chandigarh.

… Complainant

V E R S U S

1. Shree Balaji Beauty & Healthcare, SCO-172-173, Sector 9C, Chandigarh, through Ms. Priya Koundal, Owner/Partner/Authorized Person of JEAMOUR, Advance Skin, Body and Hair Transplant Clinic, Pin Code 160009.
2. Ms. Priya Koundal Owner/Partner/Authorized Person of JEAMOUR, Advance Skin, Body and Hair Transplant Clinic, SCO 172-173, Madhya Marg, Sector 9-C, Chandigarh.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                                

ARGUED BY	:	Sh.Satish Kumar, Counsel for Complainant.
	:	OPs ex-parte.

Per Surjeet kaur, Member

1.      Averments are that the complainant was having problem of hair fall, tanned skin and unwanted facial hair of beard, so the complainant in the month of September 2020, visited the clinic of OPs, as the complainant was willing to get treatment for the same. The complainant was assured to provide the best treatment and Dr.Sheetal Advised the complainant to get following treatment.

1. Hair transplant of front line and PRMF for hair fall.
2. MELINE to remove tan and for glowing skin.
3. Laser Treatment for unwanted Facial hair/bearded re-shaping.

         The total cost of the treatment was told to the complainant as Rs.75,000/-. Believing the assurance and commitments made by the OPs, the complainant agreed to get the treatment and treatment started on 04.09.2020. The complainant was given laser treatment sitting and Blossom adavance Tablet for skin whitening for Rs.4500/- Jeamour Sunscrean for Rs.2000/- and skin treatment for Rs.25,000/-. Copy of the statement is annexed as Annexure C-1 & C-2. The complainant was called for hair transplant on 09.09.2020 and a surgery was performed on the complainant by removing hairs from back of the head and planting them in front of the head for completing front line. The complainant made the remaining payment of Rs.50,000/- i.e. Rs.40,000/- from the account of mother, Rs.5,000/- from the account of complainant and Rs.5,000/- in cash (Annexure C-3 to C-5). The complainant told the OPs that the complainant did not get the desired result as assured by the OPs (Annexure C-6 & C-7). The OPs have sent a legal notice on 28.06.2021 to the complainant for defamation. The complainant duly replied the legal notice (Annexure C-8). Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, complainant has filed the instant complaint.­­ ­­

2.     Notice of the complaint was sent to OPs seeking their version of the case. However, nobody appeared on behalf of OPs despite service, therefore, they were proceeded ex-parte on 24.01.2022.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the complainant and gone through the record of the case. After perusal of record, our findings are as under:-
5.     The sole grouse of the complainant in the present case is that despite, spending an amount of Rs.75,000/-, the beauty and health care services of the OPs could not yield the desired results. Instead of any improvement rather the face of the complainant was burnt and the skin treatment of the complainant resulted in the blister on his face Exhibit C-6 (the copy of the photographs). Hence, is the present complaint.
6.     Evidently, as per Annexure C-3, C-4 & C-5, the complainant paid an amount of Rs.40,000/-, Rs.15,000/- & Rs.20,000/- respectively meaning thereby the complainant paid total sum of Rs.75,000/- for the purpose of treating the problem of hair fall, tanned skin and unwanted facial hair of beard.. But due to hair transplant surgery and the various follows up for his skin treatment, finally the complainant was given some treatment by the Laser on his face. As per the affidavit of the complainant after various sittings, the complainant could not get desired results and developed blister on the face Photographs showing burnt face of the complainant are attached as Annexure C-6. Further it has been contended in the affidavit of the complainant that as a newly married couple the complainant had to visit some close relative for family customary ceremonies, but due to this incident of blisters on his face, the complainant was unable to perform those ceremonies. Even the personal and professional life of the complainant was affected due to the burnt injuries. Admittedly due to the act and conduct of the OPs the aggrieved complainant posted images of his burnt face with serious injuries on the Facebook as an alert to the public. In view of the Facebook posts by the complainant which is annexed as Annexure C-7, OPs sent a legal notice to the complainant Annexure C-8. Reply to said legal notice sent by the complainant to the OPs is annexed as Annexure C-9.
7.     Significantly, OPs did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OPs draws an adverse inference against them. The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
8.     After going through the evidence on record, we are of the opinion, that the complainant hired the services of the OPs by trusting their brand/name but it is the negligent/careless attitude of the OPs which resulted in serious physical injury, mental harassment to the complainant as he could not get the fruitful results, despite spending huge amount of Rs.75,000/- from his hard earned money. Instead of getting desired beauty and health care services, he had to run from pillar to post. This is the inaction on the part of the OPs only which forced the complainant to get indulged in the present unnecessary litigation. Hence we opine that act of the OPs for not providing proper services in the shape of proper skin treatment to the satisfaction of the complainant and most importantly non-appearing during the proceedings of the present case proves deficiency in service.

 

9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. To refund amount of ₹75,000 to the complainant alongwith interest @ 9% per annum from the date of filing this present complaint till realization.
2. to pay an amount of ₹25,000 to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹10,000/- to the complainant as costs of litigation.

10.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
11.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
28/09/2022	[Suresh Kumar Sardana]	[Pawanjit Singh]	[Surjeet Kaur]
Ls	Member	President	Member