Chandigarh

DF-II

CC/352/2023

ARUSHI LAMBA - Complainant(s)

Versus

THE HAIR MASTERS, SALON THROUGH ITS PROPRIETOR - Opp.Party(s)

VIKRAM SINGH BRAR

13 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	352 of 2023
Date of Institution	:	11.07.2023
Date of Decision	:	13.02.2024

 

        

 

Arushi Lamba d/o Sh.Ashay Lamba, R/o House No.3031, Sector 27-D, Chandigarh

                 ...  Complainant

Versus

 

The Hair Masters Salon, SCO 180, 181 and 182, Sector 9-C, Chandigarh through its proprietor namely Ms.Rashmeet Kapoor.

…. Opposite Party

 

BEFORE:  MR.AMRINDER SINGH SIDHU        PRESIDENT

         MR.B.M.SHARMA                 MEMBER

 

Present:

Sh.Vikram Singh Brar, Counsel for the complainant Opposite Party exparte

 

PER B.M.SHARMA, MEMBER

         Concisely put, the complainant on 26.5.2022 booked the services of Makeup with OP for 08.06.2022 on account of engagement ceremony of her cousin and paid an advance amount of Rs.5000/- to OP out of total bill of Rs.20,000/- (Ann.C-1). It is stated that due to unforeseen circumstances, the engagement ceremony of her cousin got cancelled, as such she informed the OP a week in advance for cancellation of her booking for said date, whereupon the OP asked the complainant to book an appointment whenever she required the services and they shall book the said services accordingly while adjusting the advance of Rs.5000/- already paid by her.  The complainant also confirmed her advance payment with OP in Jan, 2023.  However, on 13.6.2023 when the complainant approached the OP, the OP refused to either provide any service against said advance payment or refund the amount.  Then the complainant sent legal notice to the OP on 13.6.2023 (Ann.C-2) but to no avail. Hence, this complaint has been preferred alleging the said act & conduct of the OP as deficiency in service and unfair trade practice.

 

2]       The Opposite Party did not turn up despite service of notice sent through regd. Post and as such proceeded against exparte vide order dated 14.09.2023.

 

3]       The complainant led evidence in support of her contentions.

4] We have heard the ld.Counsel for the complainant and thoroughly perused the documents on record. 

 

5]       It is well proved on record from Ann.C-1 that the complainant made advance payment of Rs.5000/- to the OP towards booking to avail makeup services.  The complainant neither availed the service of the OP nor got refund of her advance payment made to the OP. She also served legal notice upon the OP vide Ann.C-2 but that too did not yield any result. The complainant proved her assertions made in the complaint by filing duly sworn affidavit in support of it.   

 

6]       The OP did not appear despite being duly served notice to contradict the allegations in the present complaint, which raised a reasonable presumption that the OP has nothing to contradict meaning thereby that the OP has admitted the claim of the complainant. The act & conduct of the OP in retaining the amount of the complainant without providing any service is illegal and unjustified. Therefore, the deficiency in service and unfair trade practice on the part of the OP is clearly made out, which certainly has caused harassment and loss to the complainant.

7]       From the above discussion and findings, we are of the opinion that the deficiency in service and unfair trade practice has been proved on the part of the OP. Therefore, the present complaint is allowed with direction to the Opposite Party to refund an amount of Rs.5000/- to the complainant and to pay a lumpsum amount of Rs.15,000/- towards compensation for deficient services and indulging in unfair trade practice, which includes litigation cost as well.

        This order shall be complied with by the OP within a period of 60 days from the date of receipt of copy of this order.

        Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

13.02.2024                                                          

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (B.M.SHARMA)

MEMBER