D.O.F:12/04/2023
D.O.O:15/04/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.96/2023
Dated this, the 15th day of April 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Syed Mohammed Mashood Thangal
S/o K.P. Pookoya Thangal
R/at Sadath Manzil Taivalappu
P.O. Alampady Kasaragod
Kerala – 671123.
(Adv: Shafi M.) : Complainant
And
The Manager
Dezire Clinic Pvt Ltd
A-56, 1st floor, 5th block Koramangala, Jyothi Nivas
Jyot Nivas College Road,
Bengaluru, Karnataka 560095.
(Adv: Vinay M.E.) : Opposite Party
ORDER
SMT.BEENA.K.G : MEMBER
The brief facts of the case is that, the opposite party is running an establishment in the name and style Dezire Clinic Pvt Ltd and giving treatment for the removal of white hair and other treatments. The complainant came to know about opposite party’s treatment and approached him for treatment. After the assurance given by the opposite party that after the removal of white hair, there will not be any repetition of white hair growth and there is no side effect to this treatment and after due enquiry, the complainant had paid an amount of Rs. 1,00,000/- (Rupees One lakh only) on 09/01/2023 through bank transactions and opposite party issued a receipt on that day itself. The opposite party had done the removal of white hair of the complainant by giving medicine and injection and by plucking the white hair. The opposite party had guaranteed before payment that the white hair will not grow again and this treatment will not affect the health condition of the patient. But after the treatment, ie, 09/01/2023, the complainant had undergone different kinds of health problems like pain all over the body, food reactions and weakness and loss of hair. The said fact was intimated to opposite party over phone. But the opposite party had not given a proper answer with respect to the sufferings of the complainant due to the plucking of the hair and medication. The complainant also contacted opposite party’s institution head at Delhi over phone and informed his health issues after treatment. Thereafter on several occasions, the complainant has tried to contact opposite party over phone calls and messages for which they are not responding properly. The complainant is alleging negligence on the part of opposite party and because of which complainant is suffering health problems including again growth of white hair. Therefore, the complainant is praying for the refund of Rs. 1,00,000/- paid on 09/01/2023 with future interest at the rate of 10% till the date of payment with a compensation of Rs. 5,00,000/- and Rs. 10,000/- as cost of litigation.
The notice of opposite party was duly served, but he was absent. Name called absent and set exparte. Thereafter opposite party filed IA to set aside exparte order.
The complainant filed proof affidavit in lieu of chief examination. Ext.A1 and A2 marked. The issues raised for consideration are;
- Whether there is any negligence or deficiency of service on the part of opposite party in the treatment of the complainant?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
Believing the assurance of opposite party regarding white hair removal treatment, the complainant also undergone the treatment with an unrealistic expectation of complete removal of whole white hair from beard. The complainant had paid Rs. 1,00,000/- on 09/01/2023 as treatment charge, for which opposite party issued a receipt which is produced here and marked as Ext.A1. After the treatment, the complainant had undergone different kinds of health issues like pain all over the body, food reactions and weakness, loss of hair etc. The said fact is informed to opposite party over phone several times, for which opposite party have not responding properly. Hence the complainant caused to send a registered lawyer notice calling upon him to refund the collected amount of Rs. 1,00,000/- with future interest along with a compensation of Rs. 5,00,000/- and cost. Ext.A2 lawyer notice is also produced before the Commission. While evaluating the affidavit and documents, it is clear that complainant’s case is true. The opposite party has filed a highly belated version in which they admits the treatment given to the complainant as alleged in the complaint. According to them, the white hair removals were done under local Anesthesia by Dr. Prashant Yadav and the procedure went well and the complainant was discharged same date after explaining Do’s and Don’t dos and prescription of medicines. The complainant had neither produced any prescription of the medical practitioner or taken an expert commission to prove the side effects of the treatment.
The prayer of the complainant is to refund Rs. 1,00,000/- with 10% interest from 09/01/2023 till payment with a compensation of Rs. 5,00,000/- with cost of the proceedings of Rs. 10,000/-. The compensation prayed by the complainant is huge and excessive and without any documentary evidence.
Hence the complaint allowed in part, directing opposite party to refund Rs. 1,00,000/- Rupees One lakh only) with interest 10% from 9/01/2023 till payment along with a compensation of Rs. 50,000/- (Rupees Fifty thousand only) and Rs.5,000/- (Rupees Five thousand only) as cost to the complainant within 30 days from the date of receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Copy of the receipt issued by the opposite party to the complainant.
A2 – Copy of the lawyer notice issued to the opposite party
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
