Order-12.

Date-23/05/2017.

        Smt. Sangita Paul, Member.

This is an application u/s.12 of the C.P. Act, 1986.

Complainant’s case in short is that the O.P. the Adhi India Hair Service Company has done incomplete treatment. O.P. promised to transplant 4000 hairs on complainant’s bald portion. O.P. confirmed that 4000 hair would be shown by counting it after transplantation. Complainant was convinced that his bald area would be totally covered with hair. O.P. promised to complainant that 4000 hair would be transplanted. But transplantation was not evenly done. Complainant had to undergo with various health hazards, pain. After complainant’s operation, company fled from their place. Complainant was unable to communicate with them for his post-operative treatment. As a result, complainant suffered a lot. Complainant prays for refund of money of Rs.60,000/- and also compensation of Rs.1,00,000/- for unfair trade and deficiency in service and cost of litigation of Rs.80,000/-.

            In the W.V. O.P. states that the complaint filed is all frivolous and motivated. Complainant agreed to undergo treatment for curing his baldness, knowing all the associated risksand consequences during implantation. Complainant signed on the consent form. Complainant knew actual timeframe of 9 to 10 months required for successful outcome of procedure. Procedure of implantation was started on 16/07/2016 and continued up to 17/07/2016. Complainant on his own volition stayed away from undergoing further prescribed procedure which was necessary for completion of treatment but at this stage complainant cannot turn back, because complainant would face health hazards and pain as alleged. Complainant wanted the money back, but complainant failed to get that back.

            O.P. also states that complainant is not a consumer within the meaning of C. P. Act. Complainant himself did not follow the contract which was signed between complainant and the O.P.

            O.P.’s promise of transplanting hair on complainant’s head was subject to various terms and conditions which were not fulfilled by complainant. Only after going through incomplete treatment of two days complainant cannot expect magical success story of full grown hair on his bald head. 

            If the transplantation was evenly done complainant would get the desired result. Some of the photographs annexed are not his own photographs. If he did not avail of full treatment he cannot expect 4000 hair transplant.

            All the side effects of treatment were discussed with the complainant. These were mentioned in the consent signed by complainant. Complainant’s allegation that after the treatment the company fled from his place is completely false. The Kolkata office is still here. The O.P. received the summons from his Kolkata office. Complainant quit the treatment at the initial stage and did not contact with the O.P. for post-operative treatment and advice.

            This complaint was made for gaining monetary advantage by way of refund and compensation from the O.P.  But this complainant is not entitled to any relief. O.P. prays to reject the case initiated by complainant  by awarding exemplary cost.

Decision with Reasons

            On careful examination of the complaint petition, evidence-in-chief, written version and other material documents, it is revealed that complainant went to Adhi India Hair Service Company for hair transplantation as he was bald headed but O.P. did incomplete treatment. O.P. promised to transplant 4000 hair, but complainant did not get satisfactory result. Complainant was convinced that the total area of his head would be transplanted. Complainant underwent operation of hair grafting on 16/07/2016 and 17/07/2016, he had faced some side effects, but his actual hope was not fulfilled. O.P. has harassed complainant. His hope of having a head full of hair was frustrated. It is O.P.’s practice to deceive clients including complainant by displaying lucrative advertisements. The clients are inclined to have treatment. The O.Ps. start treatment but their treatment does not yield satisfactory result. It is their unfair trade practice. They deceive the innocent persons  by giving a false hope. It is revealed from the papers that they show that the results will be noticed after long period of time, by then, complainant and other clients get disappointed. O.P. thus gathers money from complainant and some other customers and states that complainant will not get result  as because he has not opted for full treatment. O.P. wants to continue the treatment for long period of time, then they would show some other reasons for the complainant’s baldness. By that time they would have collected hefty amount. O.P. again demanded Rs.80,000/- for operating the other portion of his head but complainant declined, because he did not get satisfactory result after spending Rs.60,000/-. All these activities prove that O.P. did not discharge his service in a proper way. So complainant is entitled to get relief as prayed for. Because after eight months of his operation he has the same bald head.

At the same it is manifestly an admitted position that the complainant did not complete the treatment and left off on the half way on his own volition and the O.P. transplanted 2000 hair. So we are not inclined to make any order as to compensation. We think that an order for refund of money would be fit, proper and just.

            In the result complaint succeeds.

Hence,

Ordered

That the complaint be and the same is allowed on contest against the O.P. with cost of Rs.5,000/-.

            O.P. is directed to refund the amount of Rs.60,000/- within one month from the date of this order.

            Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act.