For the Complainant - Mr. Soumen Sekhar Ghosh, Advocate
FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application u/s.12 of the C.P. Act, 1986.
The OP Vibes Healthcare Limited is engaged in professional Beauty Treatment of girls and boys of any age and also inviting consumers for availing the Beauty Treatment through electronic media. Complainant has also availed beauty treatment including Glow Face, Pigmentation, Eye Treatments, Face Farming and B Line Firming at a total package of Rs.1,25,400/-. She paid such amount to the OP on 26.06.2015 against money receipt. Since 26.06.2015 the complainant availed such beauty treatment with OP without consulting any expert. Complainant suffered various problems like deformity in her face and eyebrows for which she agitated such grievance to the OP at their Kolkata as well as Delhi Office. The OP neglected to give any reply of her such grievance. A mediation took place at the initiation of Consumers Affairs Department, Central Consumer Grievance Redressal Cell, Government of West Bengal but such mediation failed owing to OP’s refusal to refund the amount as claimed by the complainant. Finding no other alternative, the complainant filed the instant consumer complaint directing the OP to refund Rs.1,25,400/- with interest at the rate of 18 percentP.A since 30.121.2017 till realization, including compensation of Rs.2,00,000/- and litigation cost of Rs.2,000/-.
OP despite service of notice of the complaint has failed to file Written Version within the limitation provided U/s 13(2) of the Consumer Protraction Act, 1986. No request for condonation of delay or extension of time for filing Written Version was made. Therefore, right of the OP to file W/V was closed vide order dated 17.12.2019.
Decision with Reasons
Complainant Smt. Purabi Guha Roy has filed her evidence by way of affidavit supporting the allegations made in the consumer complaint. Ld. Advocate for the complainant has taken us through the consumer complaint and also the evidence adduced in support of the complaint. On perusal of photocopy of Beauty Record dated 25.06.2015 issued by the OP to the complainant, it is clear that vide said record the complainant paid Rs.1,25,400/- towards the cost of beauty treatment fully mentioned in the treatment sheet. It is true that the complainant availed beauty treatment with the OP on different dates. It is also clear from the photocopy of letter dated 03.10.2016 that the complainant agitated her grievance to the Director of OP regarding deformity in features in respect of Glow Face / Pigmentation, Face Firm, B Line and Eye Treatment with a request to solve her problem. We have it from the photocopy of letter dated 02.11.2016 that the complainant again ventilated her grievance to the OP but such grievance was not attended. Complainant approached the Assistant Director, Central Consumer Grieanvece Rdressal Cell, Consumer Affairs Department, Government of West Bengal regarding her grievance and a tripartite meeting was held but such mediation failed owing to OP’s refusal to refund the amount as claimed by the complainant. Central Consumer Grievance Redressal Cell, Consumer Affairs Department, Government of West Bengal advised the complainant to file a statutory complaint before the District Consumer District Redressal Forum Kolkata Unit-II for redresssal of her grievance and award of compensation, if any, through the process of adjudication. Ultimately, complainant filed the instant consumer complaint praying reliefs fully mentioned in the prayer. As the OP has opted not to file Written Version despite service of notice of complaint, the said allegations of the complainant is deemed to have been admitted as correct. In order to prove said allegations, complainant has filed her affidavit reaffirming the allegations. Thus, it stands proved that despite of having receive Rs.1,25,400/-, the OP has failed to provide proper beauty treatment to the complainant for which she suffered various problems like deformity in face and eyebrows. The problem was ventilated to the OP but such problem was not attended. In absence of any explanation for failure to comply the grievance, we have no hesitation in concluding that the OP has committed deficiency in service and also have indulged in unfair trade practice.
Now the question is as to what should be the amount of compensation to be granted to the complainant? Ld. Advocate for the complainant however, has pressed for 18 percentinterest on the amount paid since 30.11.2017 till realization including compensation of Rs.2,00,000/- which is too much excessive than the claim amount of Rs.1,25,400/-. In our view, OP is liable to refund the money received from the complainant with 7 percentinterest PA on the amount of Rs.1,25,400/- with effect from 28.08.2018 till realization of the amount.
In view of the foregoing discussion, the complaint is allowed in part ex parte against the OP with following directions :
- The OP shall refund the entire amount of Rs.1,25,400/- (Rupees one lac twenty-five thousand four hundred) only to the complainant within 45 days from today along with compensation of simple interest at the rate of 7 percentper annum from 28.08.2018 till realization of the amount.
- The OP shall pay a sum of Rs.2,000/- (Rupees two thousand) only as cost of litigation to the complainant.
