CONSUMER DISPUTES REDRESSAL COMMISSION – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110016
Case No.337/2017
MR. ADIL MUNEER ANDRABI
S/O MR. MOHD YEHYA ANDRAB I
R/O D-5, FIRST FLOOR, GALI NO.2,
BATLA HOUSE, OKHLA
NEW DELHI – 110025…..COMPLAINANT
Vs.
STUDIO 6 LIFE STYLE PVT. LTD.
(A UNIT OF KABERA GLOBAL HAIR TRANSPLANT)
E-575A, GREATER KAILASH-II, BLOCK E
NEW DELHI- 110048
THROUGH ITS MANAGER (MISS SWETA),
CONCERNED DOCTORS (DR. NEHA AND DR. NEERAJ) WHO PERFORMED THE SURGERY, COUNSELOR,
ALL THE OPERATION TECHNICIANS
AND THE TEA MAKER WORIG THERE…OPPOSITE PARTY
Date of Institution-15/11/2017
Date of Order- 29/09/2022
O R D E R
MONIKA SRIVASTAVA – PRESIDENT
The complainant has filed the present complaint seeking directions to show their credentials as doctors. the complainant has also prayed for a sum of Rs.10,00,000/- as compensation for permanent damage caused to the complainant, Rs. 5,00,000/- as compensation for harassment, mental pain and agony and Rs.1,00,000/- as cost of proceedings.
- It is the case of the complainant that he was cheated by the OP clinic by subjecting him to the hair transplant which was performed on him by persons who were not qualified doctors and the persons who performed the surgery were unskilled unauthorised operation theatre technicians.
- It is further stated by the complainant that the doctor who was supposed to do the surgery did not even enter the operation theatre for a period of 11 hours during which the operation was being performed.
- It is stated by the complainant that the OP is playing with the lives of poor patients and putting them at risk by cheating them in the name of Dr. Neeraj Jain, Dr. Neha who claim to be specialists in hair transplant but are not even registered as doctors with the Delhi Medical Council.
- It is stated that in the month of August/September 2017, the complainant had undergone a partial hair transplant from an expert in dermatology in hair transplant in the frontal lobe of his head. Later on, the OP convinced the complainant to come to them to get better transplants done.
- It is stated by the complainant when he had made the full payment Dr. Neeraj called some of the operation theatre technician and ask them to trim his head and beard. Thereafter he was called in the cabin of Dr. Neha who asked about the blood pressure of the complainant and then complainant was made to sign the consent letter, which is lying with the OP.
- It is stated by him that during the operation which lasted for more than 11 hours during which the complainant left the theater more than 3-4 times asking for the doctor. All this while the operation theatre technicians were busy chatting, taking photographs playing music and making video calls.
- It is further stated by the complainant that finally a lady namely Dr. Shweta who claimed to be a doctor stated that the complainant should get his job done otherwise he will lose his follicles and claimed that the OT technicians were authorised to operate the patients and that she is watching in the CCTV.
- It is stated by the complainant that this was all recorded in the CCTV which was installed in the operation theatre. It is stated by the complainant that while the hair transplant was being done, the technicians were having a good time having food inside the OT which has also been recorded in the CCTV footage.
- Once the process was completed, the complainant went to meet Dr. Shweta and was told that she has left long time back. The complainant then called her and asked her to provide the bill which she stated would be provided later on.
- It is further stated by the complainant that the post transplant photographs clearly show the damage done to the complainant by the OP. When the complainant visited the OP later on, their approach was very cold and unprofessional, they were not even ready to talk to the complainant.
- When the complainant insisted for the doctor who was supposed to operate, Dr. Neeraj Jain, Dr. Neha, Dr. Shweta gave lame excuses that the doctor has met with an accident and fractured his arm. The complainant was told to leave or he would be kicked out of the office.
- On hearing this, the complainant called the police and only with their intervention, the OP gave bill to the complainant which is annexed with the complaint as annexure H.
- It is stated by the complainant that because of the intervention of the police, the OP agreed to fix complainant’s appointment with Dr. Neeraj on 07.11.2017. When the complainant enquired about Dr. Neeraj, on that date, he was told that Dr. Neeraj is not a doctor but an operation theater technician and he was told to consult Dr. Neha. Dr.Neha further said that she was only responsible for local anesthesia and she doesn't know anything else and that he should be approaching Dr. Ajay in Chandigarh who will answer his questions.
- It is the case of the complainant that he could not attend his professional duty because of the defective hair transplant done by the OP and his hair was completely in a bad shape. It is further stated by the complainant that since he had no other option, he went to Mubarak hospital for another hair transplant, the copy of the discharge is annexed as Annexure J.
- It is further stated by the complainant that there are many people who have filed cases against the OP and that the Facebook page of the OP has reviews of the patients who are totally dissatisfied.
- On the complaint of the complainant, an order was passed by the Delhi Medical Council on 23.04.2018 wherein they have stated
“no person with particular Dr. Neeraj Jain Dr. Neha of Studio 6 Lifestyle P Ltd. E-575A Greater Kailash II, block east, New Delhi 110048 is registered with Delhi Medical Council. It is observed that prima facie it appears that the complainant has been victim of the incompetence of the Studio 6 Lifestyle P. Ltd. as he might have been treated by unqualified person and thus made to suffer because of that.
In view of the above, the executive committee directs that director general of health services be requested to take note of the observations made hereinabove and take stringent action including closure of Studio 6 Lifestyle P. Ltd. as it is apprehended such a centre may not be equipped or have proper qualified doctors to provide medical facilities/services.”
- OP in the reply, have stated that the complaint that has been initiated is baseless, vexatious. It is stated by the OP that when the complainant approached the OP he was explained all the procedures, the procedure of hair transplant the complications arising out of the procedure.
- It is further stated by the OP that the surgery was done by the qualified competent doctors as prescribed by the medical board.
- It was stated that the hair transplant procedure was done under the supervision of qualified doctor and technician and that transplant is a day long process which involves several stages of graft punching, extraction, implantation which had been explained to the complainant and for which he had given his consent.
- It is further alleged by the OP that the complaint had misbehaved with the female staff of the OP when she was alone in the OT and to save himself from any legal action he called the police and created ruckus at the center.
- The complainant has filed rejoinder to the reply of the OP, evidence affidavits as well as written submissions have been filed by both the parties.
It is observed from the reply of the OP that the OP has nowhere disclosed the qualifications/degrees of Dr. Neeraj Jain and Dr. Neha and have not also disclosed as to which medical councils they are enrolled with. It is also noted that though the OP has made allegations against the complainant regarding his misbehaviour towards the female employee of the OP, the allegations are unsubstantiated and the OP has not filed any complaint in this regard nor filed CCTV footage to substantiate the claim.
It is also noted that one Dr. Ajay K Dadwal and Dr. Gunjan Aggarwal from Chandigarh have issued authority letter for this case to be conducted but their role in this case, is not clear.
However, it is clear from the report of the Delhi Medical Council and their recommendation letter to the DGHS that so called Dr. Neeraj Jain and Dr. Neha are not registered doctors and that the centre of the OP was being run unauthorisedly.
Therefore this commission is of the opinion that the OP has indulged in unfair trade practice and ought to return the money i.e Rs. 65,000/- that has been spent by the complainant along with interest at the rate of 9% p.a. from the date of deposit i.e 16.10.2017. Along with this, the OP is also required to pay a sum of Rs 1,00,000/- as compensation for the false statements made to the complainant regarding the qualification of doctors, as a result of which the complainant suffered. This amount is to be paid by the OP within 3 months from the date of this order failing which the entire amount shall be payable within interest at the rate of 12% p.a till realization.
The copy of the order be provided to the parties as per rules and thereafter the file be consigned to the record room.
Order be uploaded on the website.
