BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.
Complaint Case No. : 432 of 2016 Date of Institution : 02.12.2016 Date of Decision : 15.03.2018.
Anuradha Mohan w/o Sh.Sanjay Mohan, H.No.P-46, Haig Line, Ambala Cantt.
…Complainant.
Vs
1.VLCC Health Care Centre, 172-C/1,S-B Road, Rai Market, Ambala Cantt. (through its Prop./Partner).
2.VLCC Health Care, M-14, Greater Kailash II, Commercial Complex, New Delhi – 110048, (through its Manager).
… Opposite Parties
BEFORE: SH.D.N.ARORA, PRESIDENT. MS.ANAMIKA GUPTA, MEMBER. SH.PUSHPENDER KUMAR, MEMBER.
Present: Sh.Jaswinder Singh, Advocate for complainant. Mrs.Upma Bhalla, Advocate for OPs.
ORDER
Succinctly put, on 19.11.2016, the Complainant had purchased hair Treatment Package vide bill No.AMBO1/17 00000022 for Rs.22483/- from OP No.1 for hair fall and thinning of hair. First sitting was conducted in the evening of 19.11.2016. She had paid total sum of Rs.22483/- for 10 sitting through Debit Card. On 20.11.2016 she noticed that heavy hair fall was started after first sitting besides irritation on the scalp. The complainant contacted Ms.Mamta, Centre head but she told that hair would fall sometime and irrigation would also subside with time. When the irritation did not stop and further spread to the forehead part of the face, therefore on 22.11.2016 the complainant sought medical advice and visited Military Hospital, Ambala Cantt. for diagnose and treatment. Thereafter she approached OP No.1 for discontinuation of package as well as for refunding of money for unused 9 sittings but OP No.1 refused to do so. The OPs have never told about No refund policy. The complainant kept on sending e-mails to the OPs website but to no avail. The act and conduct of the Ops clearly amounts to deficiency in service. In evidence, the complainant has tendered affidavit Annexure CX and documents Annexure C1 to Annexure C3.
2. On notice OPs appeared and filed their joint reply wherein it has been submitted that the complainant has not approached to this Forum with clean hands, therefore, she is not entitled for any relief. The complainant had availed services of OPs for 5 sessions each of Macademia Hair Treatment (sort) and Brillare Hair Fall Control Therapy but she left the treatment abandoned only after one session on the ground that she got irritation and asked for refund which is not permissible as per terms and conditions of the OPs. The complainant had not taken any Hair Transplant Package rather the treatment Macademia Hair Treatment is for improvement of overall health of hair by promoting shiny hair and radiant skin. She has never raised any issue of irritation and hair fall. In the clause No.2 of the Ops it has been clearly mentioned that the money once deposited is not refundable. The OPs give scientific solution to its customers as there is a team of well qualified and experienced professionals which includes doctors, nutritionists, dieticians, dermatologists, psychologies, counselors etc. The present complaint has been filed just to extract money as there is no deficiency in service on the part of OPs. In evidence, the Ops have tendered affidavit Annexure RA and documents Annexure R1 and Annexure R2.
3. We have heard the learned counsel for the parties and have also perused the record very carefully.
4. As per complainant she had availed the services of Opposite Party No.1 for Hair Treatment but after first session she felt itching on her scalp besides starting of falling of heavy hairs and due to this she had to visit Military Hospital, Ambala Cantt. as is evident through Annexure C1 to Annexure C3 after waiting for two days on the assurance of the Op No.1 that the same would be cured automatically. The grouse of the complainant is that due to negligence on the part of the Opposite Parties she was forced to visit doctor for irritation on the scalp besides other problem on 22.12.2016.
5. On the other hand the Ops have come with the plea that as per their terms and conditions No.2 the complainant is not entitled for any refund as it was clearly mentioned in the same money once deposited would not be refundable. In support of this plea it drew the attention of this Forum towards terms and conditions as mentioned in Annexure R2 (invoice dated 19.11.2016).
6. After going through the material available on the case file it is established that the complainant had availed the services of OPs for hair treatment on 19.11.2016 and it is also not disputed that the complainant had taken only one sitting after depositing the amount of Rs.22483/-. Perusal of the Annexure C1 issued by Medical Officer, Military Hospital, Ambala Cantt. dated 22.11.2016 reveals that the complainant was having itching on scalp after taking hair fall treatment which shows that the Complainant suffered a lot due to the negligence on the part of the Opposite Party No.1 in the form of itching on account of taking treatment from it, then later on not giving proper response to the complainant for the post treatment effect (itching), non-responding/ no-replying to the e-mail and telephonic of the complainant for guiding her about the type of treatment to be taken for the relief from the itching proves deficiency in service on the part of the Opposite Parties, which certainly caused physical and mental harassment to the Complainant. The ground of the OPs that as per condition No.2 the amount once deposited would not be refunded is not tenable because the terms and conditions on which the Ops are heavily relied upon does not bear the signature of the complainant being computer generated but the terms and conditions on which the OPs are relied upon are appears to be unethical and have been made in the order to fetch money from the innocent persons. It is worthwhile to mention here that such type of companies in order to increase the business allured the customer and when any dispute has arisen, the company takes every step to avoid the claim by shifting the burden of its own wrong to the shoulders of the customer/ consumers. The act and conduct of such type of companies is not only clear cut deficiency in service on its part rather proves its indulgence in unfair trade practice. It is a matter of common knowledge that no prudent person will wait even for a second/moment keeping in view his/her deteriorating condition/health but in the present complaint as per medical record the complainant had approached to the hospital after three days of the only attended sitting with the Op No.1 i.e.on 22.11.2016.
7. In the light of above observations, we are of the concerted view that the Opposite Parties are found deficient in giving proper service to the complainant and having indulged in unfair trade practice. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Parties, and the same is allowed, qua them. The Opposite Parties are, jointly and severally, directed:-
- To pay the amount Rs.20,000/- out of the total amount i.e. Rs.22483/- (as deduction @ 10 % of the amount for one sitting)
- To pay Rs.3,000/- as costs of litigation.
The above said order be complied with by the Opposite Parties, within 30 days from the date of receipt of its certified copy, failing which the amount at Sr. No. (a) would carry interest @ 9% per annum from the date of filing of the present Complaint, till actual payment, besides payment of litigation costs of Rs.3,000/-. Copy of this order be sent to the parties, free of charge. After compliance file be consigned to record room.
Announced on: 15.03.2018
(D.N.Arora) (Pushpender Kumar) (Anamika Gupta ) President, Member Member District Consumer Disputes Redressal Forum,
