BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.433-2018

DATED ON THIS THE 29^th March 2019

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

                     2) Sri. Devakumar.M.C.            

                                        B.E., LLB., PGDCLP   - MEMBER

Sri DEVAKUMAR.M.C,

MEMBER

1.     The complainant filed the complaint under section 12 of the C.P.Act 1986, against the opposite party and by alleging deficiency in service and seeking a direction against opposite party to refund the entire amount paid i.e. Rs.30,000/- and for payment of compensation of Rs.20,000/- towards mental agony, hardship caused with cost of the proceedings and such other reliefs.
2.     The complainant approached opposite party, seeking hair transplant treatment and paid a total sum of Rs.30,000/-.  The opposite party acknowledged the payment through receipts.  Since, the complainant was a diabetic patient, and since the blood sugar level was very high, adviced to come after few months.  Aggrieved with the delay, demanded for refund of the amount paid, but in vain.  Hence, the complaint alleging deficiency in service and seeking compensation for the mental agony and hardship.
3.    Though the opposite party served with the notice of this Forum, remained absent.  Hence, placed exparte.
4.     The complainant filed affidavit evidence and furnished three receipts issued by opposite party, for having paid the amount to establish his contention.  Perused the material and posted for orders.
5.    The points arose for our consideration are:-

1. Whether the complainant establishes the deficiency in service by opposite party for not refunding the amount paid for the hair transplant treatment and thereby he is entitled for the reliefs sought?
2.  What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order, for the following

:: R E A S O N S ::

7.    Point No.1:- The complainant sought for hair transplant treatment from opposite party and paid Rs.1,000/- on 07.02.2018, Rs.10,000/- on 09.02.2018 and Rs.19,000/- on 15.02.2018.  The payment was acknowledged through receipts by opposite party.
8.    On 16.2.2018, since the complainant was suffering from diabetes with high blood sugar level, the opposite party adviced him to approach after lapse of two months.  When he approached opposite party on 20.04.2018, 26.06.2018 and 15.09.2018, after examination of blood sugar level, the treatment was denied and further postponed as the blood sugar level was not normal.
9.    Aggrieved with the postponement of treatment, the complainant demanded for refund of the entire amount paid by him.  But, on 19.11.2018 opposite party denied to refund the amount and suggested to approach them when the blood sugar level was normal and avail treatment.  Thus, the complainant alleged deficiency in service for not providing any treatment evenafter the payment, and suffered mentally for non-refund of the amount. 
10. Admittedly, the opposite party had not provided hair treatment to the complainant, even after the payment towards the treatment and kept postponing to extend his services.  Thus, there is deficiency in service.  Non-refund of the amount certainly caused mental agony.  As such, the point No.1 is answered partly in the affirmative.      
11. Point No.2:- with the above discussions, the complainant is entitled for refund of the entire amount (Rs.30,000/-) paid by him towards the hair transplant treatment.  The opposite party is liable to pay compensation of Rs.3,000/- for the deficiency in service and Rs.1,000/- damages for the mental agony and hardship, along with cost of the proceedings. Hence, we proceed to pass the following:-

:: O R D E R ::

1. The complaint is hereby allowed in part.
2. The opposite party is hereby directed to refund Rs.30,000/- along with interest at 10% p.a. to the complainant from the date of receipt till this date in 30 days.  In default, the opposite party shall pay penalty of Rs.100/- per day until payment made.
3. The opposite party shall pay compensation of Rs.3,000/- for deficiency in service and damages of Rs.1,000/- for the mental agony and hardship and Rs.1,000/- towards cost of the proceedings to the complainant in 30 days of this order.  Failing to comply, the opposite party shall pay interest at 10% p.a. on the entire sum of Rs.5,000/- until compliance.
4. In case of default to comply this order, the opposite party to undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 29^th March 2019)