BEFORE THE III ADDITIONAL BANGALORE URBAN
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
BENGALURU – 560 027.
DATED THIS THE 31st DAY OF OCTOBER, 2022
CONSUMER COMPLAINT NO.59/2022
PRESENT:
SRI. RAJU K.S:MEMBER
SMT.REKHA SAYANNAVAR,:MEMBER
Sri. Anantha. M,
S/o. R.K.Madhvesh,
Aged about 39 years.
No.24, 2nd Block,
Thyagaraj Nagar,
Bengaluru-560028. …… COMPLAINANT
(Represented by Sri.Suresh Naik, Adv)
V/s
Richfeel Trichology Centre
Hair and Scalp Clinic
Rep. by Administrative Manager
No.2, 19th B Cross,
Elephant Rock Road,
Jayanagar 3rd Block,
Bengaluru-560011. ……OPPOSITE PARTY-1
Bajaj Finance Limited
Rep by its Authorising Signatory
Branch Manager
No.301-306,
3rd Prestige Towers,
Residency Road,
Bengaluru-560025. ……OPPOSITE PARTY-2
*****
//JUDGEMENT//
BY SMT. REKHA SAYANNAVAR, MEMBER
The present complaint is filed U/s 35 of Consumer Protection Act-2019 with a prayer to direct the opposite parties to pay the damages /compensation amount of Rs.3,00,000/- with interest at the rate of 12% p.m. till realization of the amount payable from 18.05.2019 and such other reliefs as this honourable commission deems fit to grant in the interest of justice and equity
- The brief facts of the complaint is as under;
It is the case of the complainant that the opposite party No.1 is the hair care clinic doing the treatment of hair and issues relating to scalp. The opposite party No.2 is a nonbanking financial institution which provides loan facilities and the same was tied up with the opposite party No.1 and gives loan facilities towards the expenses needed for their treatment.
3. It is the further case of the complaint that the complainant saw the newspaper advertisement and on 18.05.2019 he approached the opposite party No.1 clinic for the treatment for his hair loss issue. The opposite party No.1 had directed and convinced the complainant for the hair transplant treatment. The complainant had paid the initial check-up bill and done all required lab tests as per the advice of the opposite party No.1 and decided to undergo the surgical treatment for his hair treatment.
4. Further the opposite party No.1 handed over some hair care products such as shampoo, hair oil etc., advising him that these products are useful for the hair loss and for receding hairline treatment. The opposite party No.1 quoted the expense of the said treatment at Rs.63,139/- and thereafter opposite party No.1 has pressurised the complainant to obtain a loan facility from opposite party No.2.
5. Further the complainant submits that opposite party No.2 has granted the loan for the said the treatment and transferred the loan amount of Rs.63,139/- to opposite party No.1 account directly.
6. This being the fact, to the shock and dismay of the complainant the opposite party No.1 didn't provide the agreed treatment to the complainant and kept on postponing on one or the other reasons, meanwhile the opposite party No.2 started pressurising him to make the EMI payments. The complainant also made the payment of two EMIs.
7. The complainant made several requests to the opposite party No.1 and also returned the products to opposite party No.1. He made a police complaint against the opposite party No.1 and 2 in Jayanagar police station bearing No.PO1372200600222 on 02.07.2020.
8. The counsel for the complainant contends that due to the non-performance of agreed surgical treatment for his hair treatment he has missed number of marriage proposals and suffered mentally and emotionally. Further submits that complainant also issued a legal notice dt.23.08.2021 and not received any reply to the said legal notice.
9. Further the counsel for complainant submits that till filing of this complaint the opposite party No.1 neither gave the agreed-service nor refunded the amount and opposite party No.2 kept on pressurising for the EMI payments. These acts of opposite parties amounts to deficiency of service. Thus, the complainant left with no other alternatives but to approach this commission for the redressal of his grievances. Hence, this complaint.
10. Notices were duly served upon both the opposite parties and they remained absent. Hence, opposite parties are placed ex parte.
11. The counsel for the complainant had filed affidavit in the form of his evidence. EX.P1 to P16 marked.
- The points that would arise for consideration are as under:
i) Whether the complainant has proved the deficiency in service of the opposite parties ?
ii) If so, to what relief the complainant is entitled for ?
iii) What order ?
13. Our findings on the aforesaid points are as follows:
Point No.1 : In affirmative
Point No.2 : Partly in affirmative
Point No.3 : As per the final order for the following;
REASONS
14. POINT NO.1 & 2:- To avoid the repetition of the facts we have discussed both the points together. PW1 had reiterated the facts of the complaint. On perusal of the documents exhibit P1 to P 16 it is evident that the complainant had consulted the opposite party No.1 clinic and on the advice of the opposite party No.1 has also done all necessary lab tests and had borne the expense.
15. It is also evident that the opposite party No.2 has sanctioned a loan of Rs.63,139/- on 21.06.2019 in the name of the complainant and the same loan amount was directly credited to the opposite party No.1 account for the treatment of the complainant.
16. The complainant had also paid two EMI payments to the opposite party No.2. This being the facts, the opposite party No.1 even after the credit of the full amount of the said treatment by opposite party No.2 has not given the treatment to the complainant. Thus it attracts the deficiency of service as enumerated under section 2(11) of CP act 2019. Hence, opposite party is liable to refund amount of Rs.63,139/- with interest at the rate of 9% form 21.06.2019 i.e. the loan sanctioned in favour of the complainant.
17. Due to the negligent act of opposite party No.1 complainant had missed a lot of his marriage proposals and got delayed his marriage. This made him to suffer mentally and emotionally. Therefore we feel that the complainant is entitled to the compensation of Rs.20,000/- towards mental stress and Rs.10,000/- towards the cost of the litigation. Hence, we answer point No.1 in affirmative and point No.2 partly in affirmative.
18. POINT NO.3:- In the result, for the foregoing reasons, we proceed to pass the following;
ORDER
The complaint is allowed in part.
Opposite party No.1 is directed to refund the amount of Rs.63,139/- with interest at the rate of 9% from the date of approval of loan by the opposite partyNo.2 on 21.06.2019 to the complainant.
Further opposite party No.1 is directed to pay compensation of Rs.20,000/- towards mental agony and Rs.10,000/- towards cost of the litigation to the complainant.
If the Opposite parties fail to comply the order within 30 days, the above said amount of Rs.30,000/- carries interest at the rate of 9% p.a. from the date of order till realization.
Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.
Applications pending, if any, stand disposed of in terms of the aforesaid judgement.
(Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 31st day of OCTOBER, 2022)
- REKHA SAYANNAVAR) (RAJU K.S) (SHIVARAMA, K)
-
//ANNEXURE//
Witness examined for the complainants side:
Sri. Anantha. M, who being the complainant has filed his affidavit.
Documents marked for the complainant side:
1) Copy of the advice letter by opposite party No.1 dt.18.05.2019.
2) Copy of the Tax Invoice bill dt.19.05.2019 with male pattern thinning (5 Pages).
3) Copy of the Lab report dt.14.07.2019 (14 Pages).
4) Copy of the Email correspondence (7 Pages).
5) Copy of the loan details dt.21.06.2019.
6) Copy of the Legal notice dt.20.08.2019 with postal receipt and acknowledgement.
7) Reply notice dt.09.12.2019.
8) Payment receipt dt.18.12.2019 and acknowledgement.
9) Computer downloaded email correspondence dt.10.03.2020.
10) Courier service receipt.
11) Copy of the Police compliant dt.01.07.2020 with acknowledgement and endorsement.
12) Copy of the statement of accounts of SBI (7 Pages).
13) Office copy of the legal notice dt.23.08.2021 with postal receipt and acknowledgement, 3 return postal covers.
14) Office copy of the legal notice dt.23.08.2021 sent on 17.09.2021 with postal receipt and 2 return postal covers.
15) Reply notice dt.23.12.2021.
16) Notarized copy of the Aadhar card.
Witness examined for the opposite party side:
Documents marked for the Opposite Parties side:
- REKHA SAYANNAVAR) (RAJU K.S) (SHIVARAMA, K)
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