Date of Filing:19.06.2009<br /> Date of Order:30.10.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 30TH DAY OF OCTOBER 2009<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 1422 OF 2009<br /> <br /> P. Lata<br /> # 13, Gururaj Enterprises<br /> Palace Guttahalli Main Road<br /> Malleswaram, Bangalore 560003 Complainant<br /> <br /> V/S<br /> <br /> SLIIMON (Beauty Parlour)<br /> # 13, ‘Azeem Gold’, Mosque Road<br /> Opp. More, Above Fresh@<br /> Bangalore 560005 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant stating that on 31.05.2009 she went to opposite party for Permanent Hair Straightening and paid Rs. 4,000/-. The hair dresser guaranteed her Poki Straight Hair. But service was not at all up to the mark as hair did not come straight as per promise. The opposite party denied to issue bill. She lodged police complaint to frazer police station to get the bill. She sent registered post letter asking them to refund money. They did not respond to the letter. Therefore, she has prayed that she need complete refund of money with compensation. <br /> 2. After admitting the complaint notice issued to opposite party. Opposite party put in his appearance through advocate and defence version filed stating that the complainant has visited opposite party for Poki Straight Hair treatment. It is also admitted by opposite party that the complainant approached the Frazer town police. The treatment is not permanent in nature. The fee structure for the said treatment is Rs. 8,000/- and the aspirant suppose to attend / visit totally four times. The opposite party submitted that complainant had visited only once and she did not come for further visiting dates and failed to follow the advice. Therefore, the opposite party submitted that complaint be dismissed.<br /> 3. Arguments are heard. <br /> 4. The points for consideration:<br /> 1. Whether the complainant is entitled for refund of amount?<br /> 2. Whether the complainant is proved deficiency of service on the part of opposite party?<br /> 5. From the defence version it is clear that the opposite party has received Rs. 4,000/- from the complainant. The bill issued by the opposite party in the name of complainant does not bear the date of bill. Therefore, it is clear that the complainant has to approach Frazer Town police to get the bill for the amount paid by her. The opposite party has also admitted in the version that the complainant had approached Frazer Town police. So under these circumstances non-issue of bill for the amount received from the complainant definitely amounts to deficiency in service. It is the duty and obligation of the opposite party to pass bills to the customers after getting the amount. Secondly, as per the opposite party defence the Poki Hair Straight treatment is a treatment required four visits / sittings and for the entire treatment the fee structure is Rs. 8,000/- and the complainant has paid Rs. 4,000/-. The opposite party clearly admitted that complainant has visited only once and she did not visit for the remaining sittings. Therefore, on a proportional basis it would be just, fair and reasonable to direct the opposite party to refund Rs. 2,000/-. The opposite party has to take Rs. 2,000/- only for one sitting. The opposite party cannot make illegal gain by receiving Rs. 4,000/- from the complainant without giving service. So taking into consideration of all the facts and circumstances of the case it would be just, fair and reasonable to direct the opposite party to refund Rs. 2,000/- to the complainant. the complainant has sought compensation of Rs. 20,000/-. There is no basis to claim compensation of Rs. 20,000/-. Therefore, complainant is not entitled for any compensation amount. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party is directed to refund Rs. 2,000/- to the complainant within 30 days from the date of this order.<br /> 7. The complainant is also entitled for Rs. 500/- towards costs of the present litigation from the opposite party.<br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> 9. Pronounced in the Open Forum on this 30TH DAY OF OCTOBER 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER <br />