BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SHANTHINAGAR BANGALORE - 27.
CONSUMER COMPLAINT NO.327 /2022
DATED ON THIS THE 28th FEBRUARY-2023
Present: 1) Sri. B.Narayanappa
M.A., LL.B., - PRESIDENT
2) Smt. Sharavathi. S.M,
BA., LLB., MEMBER
COMPLAINANT/S | | : | Tapesh Gupta, Flat No.C2172 DLF, WEST END Heights, Akshya Nagar, Bannerghatta Road, Bengaluru-560068, Karnataka. (In-person) | |
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OPPOSITE PARTY/S | | : | Koramangala Richfeel Health and Beauty Pvt. Ltd., No.8, I Main Road, I Block, Jakkasandra, above metropolis, Koramangala-560034, Bengaluru, Karnataka, Mobile:8369345882, LIC No.GSTIN /UIN: 29AACCR3751J1ZA. (ex-parte) | |
Nature of complaint | : | Deficiency in service |
Date of filing of complaint | : | 28.10.2022 |
Date of Issue notice | : | 15.11.2022 |
Date of order | : | 28.02.2023 |
Duration of Proceeding | : | 04 MONTHS |
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ORDER’s pronounced by Smt. SHARAVATHI. S.M,
MEMBER
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The Complainant submit that he had visited for his skin and hair treatment from the Rich feel Trichology Center, Rich fell Health and Beauty Pvt. Ltd., as complainant was suffering from scalp related problem in his hair and skin he saw few advertisements of the OP and booked on appointment and visited the clinic on 03/02/2021 at the time of visit to clinic he filled the form to deposit full payment of sum of Rs.50,130/- and paid the said sum on different dates. Before taking treatment the OP manager explained about the procedure and then expert doctors will take full care of his treatment and he was told that his problem of recurrent folliculitis must be cured. After the OP Skin Specialist Dr. Anjana informed that it will not be conducted treatment as the complainant was suffering from Covid-19.In this condition surgery is not possible and not even therapeutic treatment as per the skin specialist prescription there is no performance by the OP.The complainant asked OP to refund the amount paid but, no response.The complainant filed grievance No. 3506871 at National Consumer help line on 20/05/2022 but, no response from the OP. Hence, it is alleged deficiency in service and unfair trade practice on the part of OP. Hence, prayed the Commission to allow the complaint as prayed.
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2. Whether the Complainant is entitled to the relief prayed for in the Complaint?
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POINT NO 1: In the Affirmative.
POINT NO 2: Partly in the affirmative
for the following:
REASONS
POINT NO 1:-
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POINT NO 2:-
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ORDER
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2. OP is hereby directed to pay a sum of Rs.30,130/- to the complainant along with interest 12% per annum from the date of respective payment till the date of realization.
3. Further OP is hereby directed to pay sum of Rs.5,000/- towards cost of litigation expenses and Rs.5,000/- as compensation towards mental agony.
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(Dictated to the Stenographer transcribed, typed by him, corrected by us and then pronounced in open Commission on this the 28th February 2023)
(SRI. B.NARAYANAPPA) PRESIDENT |
(SMT. SHARAVATHI. S.M) MEMBER |