Delhi

East Delhi

CC/218/2015

DEVIKA SETHI - Complainant(s)

Versus

VIBES HEALTH - Opp.Party(s)

02 Feb 2017

ORDER

       DISTRICT CONSUMER DISPUTE REDRESSAL FORUM- EAST DELHI, Govt of NCT Delhi

          CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                     

                                                                                                                              C.C. no.   218/2015

                                                                                                    Date of Institution     30/03/2015                                                                                                      

                                                                                                    Order reserved on     02/02/2017

                                                                                                    Date of order              03/02/2017                  

In matter of

Ms Devika Sethi, adult

R/o-HN.-47, Navkranti Apartments

Madhu Vihar, Delhi – 110092……….……………………………..…………….Complainant

                                                                    Vs

1-M/s Vibes Healthcare Ltd

99, New New Rajdhani Enclave,

Preet Vihar, Delhi 110092

 

2- M/s Vibes Healthcare Ltd

Through Manager

HO- D 5 Main Market Hauz Khas

New Delhi 110016 ……………………………….………………….Respondent

 

Complainant Advocate                              Rajesh Sharma

Opponent Advocates                                 Hrishikesh Baruan & advocates

    

Corum       Sh Sukhdev Singh    President

                   Dr P N Tiwari             Member                                                                                                                                  

                   Mrs Harpreet Kaur   Member   

                                                                                                 

Order by Dr P N Tiwari, Member : 

Brief Facts of the case                                                                             

Complainant wished to get her unwanted hair growths over her body so she contacted manager of OP1 as Vibes Healthcare who assured her for total removal of unwanted hairs through laser procedure in eight sessions. Complainant agreed and paid a sum of Rs 1,00,000/- (one lacs) marked here as Ex CW1/1.

Every session was scheduled after 20 days. It was assured by OP that every session would be done by different laser machine and a proper counseling would be given. She stated that OP would inform her well in advance for the next session. The time for sessions were set as per the complainant’s convenience as she was working in night shift, so OP agreed for afternoon session. It was stated assured 100% results in her six sessions and rest two sessions would be a follow up sessions.

Complainant stated that OP gave detailed verbal explanation about laser therapy and Laser sessions would be done under the supervision of trained and qualified doctors and technicians.

 

Complainant attended two sessions in four sittings. She did not notice any relief rather severe pain and discomfort occurred. No proper session was completed by OP and there was no trained doctor or technician who ever attended the complainant, so she narrated incident to the in charge of OP1. When no satisfactory reply was given by OP1 rather it was told to attend rest of the sessions at OPs head office or complainant had to attend the sessions as per OP time schedule.  

It had been stated that after her second session was over, some jelly was applied and was asked by OP1 to apply at home also. Complainant did the same at home, but after few hours, she started feeling severe itching and swelling over the lower parts of the body and legs. The swelling and blisters started appearing. She immediately brought in the knowledge of OP1, but did not get any reply or examined by any skin doctor.

 

Complainant stated that she had to leave her sessions due to severe swelling and pain due to side effects of some jelly applied by OP1. She took treatment of her own for quite long time.  

Complainant stated that she was very much scared about her tattoo mark which too was destroyed by applying jelly. Even after complaining to head office/ OP2, did not get any reply, so she demanded refund of her amount paid to OP1 by sending notices to OPs.

 

Being cheated due to deficiency in services of OP1 and harassed physically and mentally, she filed this complaint and claimed refund of her entire amount paid by her and compensation of Rs 15 lacs for mental and physical harassment. She also claimed litigation charges Rs 11000/-.

  

After pursuing the facts and evidence in complaint, notices were served. OPs jointly submitted their written version and denied all allegations labeled against them.

 

It was admitted that OP had received the entire fee of Rs one Lac including service tax for 08 sessions. There was agreement between OP and complainant for taking her 08 sessions, but complainant did not attend the sessions as per their agreement. It was also stated that complainant was always irregular and never complied the time schedule for sessions.

 

OP stated that her first session was of two days and provided all requirements according to the agreement and instructions were given by their staff. Complainant visited for her second session after two months which resulted unsatisfactory results. OP denied allegations of swelling and blisters occurred due to application of jelly and denied for any side effects of laser therapy. It was admitted by OP1 that the session was up to 17/12/2015 and in her two sessions there was no deficiency in their services. Hence the complaint be dismissed.

  

Complainant filed rejoinder and evidences on affidavit. Complainant affirmed her facts and evidence on affidavit as true and correct specially pertaining to allergy occurred due to application of jelly over her body parts by which she suffered severe pain, mental agony and heavy financial loss. She also submitted colored photographs of affected parts of body showing maximum damages. 

 

OP also affirmed their evidences by way of affidavit submitted by Md Arti Kohli d/o Prem Kohli  who was working as vice president at OP1 office who stated on affidavit that there was no deficiency in their services. All services were provided by their trained and qualified staff. All the requirements were provided as per their agreement done between complainant. It was also submitted that during session time no complaint was done by complainant.

Arguments were heard from both the parties through their Ld advocates and order was reserved.

We have perused all the evidences and facts of the case. Evidence submitted by complainant pertaining to swelling and blisters over her legs and skin treatment taken thereafter was sufficient to establish damages occurred due to negligence of OP1.

 

There was no evidence submitted on record pertaining to type and brand of jelly given for local application and also no evidence of treatment was ever given by a qualified skin doctor (allopathic) as no name and degree of the doctor was ever mentioned. OP had submitted as doctor was present which was a mere submission by OP1 without any concrete evidence.

It was also seen that no note or explanation present about the type of Laser therapy given and its duration and power of laser beams. No written explanation about complication of Laser therapy was seen except receiving full amount Rs one lac in one stage.

It is very essential to have noted every details of body measurement with full written disclosure about nature of Laser therapy to be given and its duration to be given. No evidence of written consent was present pertaining to application of jelly and its side effects, if any. In absence of all credible evidence proves deficiency and negligent act of OP1. Also OP2 being the head office and controlling unit of OP1, did not act after receiving notice from complainant. As the paid amount was also received by OP2 from OP1, they are also equally responsible for damages suffered by complainant. Hence there is merit in complaint and the same is allowed with the following order—

1. OPs are directed to refund the entire paid amount Rs one lac with 9% interest from the date of filing of this complaint within 30 days after receiving of this order.
2. We also award compensation of Rs 5500/-for damages occurred due to the negligent act of OP1. This will include litigation charges also.
3. If awarded amount is not complied as per order, then entire awarded amount shall carry same interest till realized.

The copy of this order be sent to the parties as per act and file be confined to the Record Room.

 

(Dr) P N Tiwari – Member                                                                         Mrs Harpreet Kaur -Member                 

                                        

                                                     Shri Sukhdev Singh - President