Date of Filing:19.09.2019

Date of Disposal:31.05.2023

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

ORDER

SMT.NANDINI.H.KUMBHAR, MEMBER

1. This complaint is filed by the complainant under section 35 of the C.P.Act, 2019 against the OPs alleging deficiency of service.

2.  The brief facts of the case is as follows:
3.  

3. The OP-1 &2  represented by counsel and filed written statement and affidavit in support of their contention. The OP has denied any deficiency on their part during the course of service to the complainant.  The OPs denied entire allegations and averments of the complainant. The OP submitted that the injury caused to the complainant was due to laxity and negligence of the complainant and the complainant has  associated with OP-1 from the year 2013 and has taken various services including the service of waxing of legs and the complainant  being satisfied with the services provided by OP-1 and OP shows hospitality in the services. Even the OP has paid many for her treatment and other expenses. The complainant is not entitle for any of the relief made in the complaint and OP is not liable to pay any interest to the complainant as the same is not agreed upon OPs at any point of time. Assigning the above reasons the OPs pray to dismiss the complaint.

4. The complainant has also filed chief examination affidavit by reiterating the complaint allegations and also filed documents in support of their plea.

5. Heard arguments and matter is reserved for orders.

6. The points that arise for our consideration are;

1. Whether the Complainant prove that there is deficiency of service on the part of the OPs as alleged in the complaint and thereby prove that he is entitle for the relief sought?
2. What order?

7. The findings on the above points are as under:

Point No.1               :       Affirmative

Point No.2               :       As per final order

REASONS

8. POINT NO.1:- The complainant filed chief-examination affidavit by reiterating the complaint averments  and also produced some documents in support of their contention. The OP also filed chief examination affidavit. It is crystal clear from the facts of the case that the complainant scheduled an appointment on 13.06.2019 with OP-1 and availed services of waxing the legs and during the course of service a hot wax bowl spilt over the legs of the complainant and causing burn injuries to the leg of the complainant and the complainant has produced the document was marked as Annexures, in which the complainant has produced the photos of burn injuries to her leg. The complainant has also produced the document no.8 email communication between OP dt.17.06.2019 and the unsigned apology letter of OP-1 marked as doc. No.8. From the perusal of the documents produced, the commission observed that the complainant visited OP and during the course of service the complainant was offered a glass of water, as the complainant rose to take the water a hot wax bowl spilt over the leg of the complainant, which causing serious burn injury to the leg of the complainant. This act of the OPs clearly shows that during the course of  service of OPs which shows that the OPs rendered careless and negligent service to the complainant. The complainant visited OPs number of time and regular customer of OP1. It is bounden duty of the OP1 to take good care  and precaution to their customers. When the complainant is OPs customer, availing service regularly, the OP has to give good service to the complainant. If the complainant receive any injury caused during the service of the OPs, complainant is entitled to the claim for   compensation from OP if the complainant have been burnt at the service of the OP in accident that was not complainant fault and also claim for compensation if OPs were negligent in following health and safety rules,if OPs failed in their duty of care and failed to due care of their customers, as the burn injuries can be serious, with ongoing and after permanent consequences such as scarring and psychological trauma and the complainant unable to work for a period of time. It is clear case of their negligence and deficiency of service of the OPs  during the course of service to the complainant. As per document No.8 &9  copy of apology letter of the OPs , in which the OPs have accepted that the Therapist of OP1 did not remove the bowl of the wax, which shows the clear negligence on the part of OP and the complainant also produced receipt of the Air ticket which was scheduled on 17.06.2019, but due to the negligent service of the OPs caused to the complainant for which the complainant has rebooked the flight, also produced hospital bill of her treatment. For which the complainant  has faced lot of inconvenience, physical pain and mental trauma the complainant suffered. The OPs are held liable to pay the claim for compensation with other reliefs.

9. In view of the above discussion and perusal of the averments of the complaint, the contents of the parties and the documents produced, it is held that the OP is held liable to pay the compensation for negligence and deficiency with other reliefs. Accordingly, we answer Point No.1 partly in affirmative.

10. POINT NO.2:- In the result, for the forgoing reasons,  we passed the following:

                                     ORDER

1. The complaint filed by the Complainant U/s35 of the Consumer Protection Act, 2019 is hereby allowed in part.
2. The OP1 is directed to pay a sum of Rs.30,000/-  an along with 6%p.a. interest from the date filing complaint till the payment is made.
3. The OP1 is also directed to pay a sum of  Rs.5,000/- towards as a compensation for  deficiency of service and pain and  Rs.5,000/-  towards pain and suffering to the complainant together with cost of litigation of Rs.5,000/- to the complainant within 45 days.

4. Furnish free copy of this order to both the parties. 

 (Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 31^stMay 2023)

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)         (CHANDRASHEKAR S.NOOLA)       

         MEMBER                                  MEMBER

Witness examined on behalf of the complainant by way of affidavit:Ms.PreranaGoel- Who being he complainant

Documents produced by the complainant:

Witness examined on behalf of the OP by way of affidavit: Sri Sahil Gupta &Smt.Manjula- Who being OP-1 & OP2

Documents produced by the OP:Nil

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H. KUMBHAR)          (CHANDRASHEKAR S.NOOLA)

         MEMBER                                     MEMBER

SKA*