Delhi

New Delhi

CC/652/2009

Meenu - Complainant(s)

Versus

M/S. New Look Laser Clinic - Opp.Party(s)

11 Oct 2019

ORDER

 

 

                            CONSUMER DISPUTES REDRESSAL FORUM-VI

                             (DISTT. NEW DELHI),

                          ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                             NEW DELHI-110001

 

Case No.C.C./652/2009                                        Dated:

In the matter of:

         Ms. Meenu,

      D/o Sh. Bhagwan Das,

      R/o J-35, Sunder Nagri,

      Nand Nagri,

      Delhi-110091.

                …… Complainant

Versus

1. New Look Laser Clinic,

         C-41, 1^st Floor Dwarka Sadan,

       Opp PVR Plaza, Middle Circle,

        Connaught Place,

       New Delhi-110001.

 

2.  New Look Laser Clinic,

E-99, 1^st Floor,

Lajpat Nagar-II,

New Delhi-110024.

 

3.   Anu Medical Laser  Pvt. Ltd.,

307, Neelkanth Chamber-II,

LSC, Vikas Marg,

            Delhi-110092.

……. Opposite parties

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that being influenced by the lucrative offer of removing various kinds of scars by OP, the  complainant  contacted OP-1 and started her treatment with the package of Rs.10,000/- for two sittings.  The OP-2 took Rs.2,000/-  from the complainant and applied three medicines with the direction to approach OP-2 on 7.12.2007.  Accordingly, the complainant visited the clinic of OP-2, deposited a balance payment of Rs.8,000/- and conducted her 1^st sitting, thereafter, she   was asked to visit after one week to remove the bandage. 

2.     After one week, the complainant visited OP-2, who removed the bandage and asked her to visit after 3 months with the direction to apply twice a day the sunscreen lotion provided by him.  That after 3 months, the complainant found that the old scars wound have resurfaced instead of single line stretch.  The complainant requested OP-2 to do the needful to cure the scars but nothing was done by the OP,  hence this complaint3.

3.     Initially, complaint has been contested by all the OPs jointly. Despite several opportunities, OP failed to file their evidence, hence, their defense stand struck off vide order dt. 26.2.2010 of  our predecessor.

4.     Complainant has filed her evidence by way of affidavit. 

5.     We have heard arguments advanced at the Bar and have perused the record.

6.     Complainant has placed on record the copy of the receipt cum Invoice issued by the OP against the payment received in support of her case.

7.     From the un-rebutted testimony of the complainant and documents placed on record, we are convinced that the story put forth by the complainant is true. In the present complaint, the complainant has alleged that she had paid a sum of Rs.10,000/- to the OPs against the treatment in question.  Perusal of the file shows that the complainant has placed on record the total receipts for a sum of Rs.2,300/. In such a circumstances, due to lack of documentary evidence, we are of the view that the amount paid by the complainant to the OPs Rs.2,300/-.  The complainant personally appeared during the course of the arguments and we found that the story narrated by her is true, hence, we hold OPs guilty of deficiency in services by not removing the scars for which she approached OPs.  Holding OPs guilty of deficiency in services, we direct them jointly and severally as under:

i).  Pay to the complainant a sum of Rs.2,300/-  along with interest @  9% p.a. from the date of institution of this complaint i.e.  25.04.2009  till payment.

ii)   Pay to the complainant a sum of Rs. 2,500/- as compensation towards harassment, mental agony and pain which will also include the cost of litigation.

 

 

A copy each of this order each be sent to both parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Pronounced in open Forum on 11/10/2019.

 

 

(ARUN KUMAR ARYA)

PRESIDENT

                             (NIPUR CHANDNA)                                           (H M VYAS)

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