Date of filing : 20.11.2017
Judgment : Dt.31.10.2018
Mrs. Balaka Chatterjee, Member
This petition of complaint is filed under section 12 of the C.P.Act, 1986 by Ashis Chaudhuri alleging deficiency in service and unfair trade practice on the part of the opposite parties (referred as OP hereinafter) namely (1) The V.L.C.C. Health Care Ltd., (2) Sagarika Banerjee, (3) Ashutosh Bharwadwaj and (4) the V.L.C.C. Personal.
Case of the Complainant, in brief, is that being satisfied with the approach of OP and finding the value of the service reasonable, the Complainant intended to hire the same and paid an amount of Rs.1,18,000/- by cash and by card to the OPs for hair transplantation and, thereafter the Complainant was advised to take some hormonal medicines after completion of hair transplantation. The Complainant has stated that he contacted his family physician promptly seeking advice regarding intaking of hormonal medicine, who, in fact, advised the Complainant not to take those medicines as those might cause adverse effect over his body and being advised the Complainant decided not to undergo such treatment prescribed by the OP and, therefore, requested the OPs to refund the deposited amount but the OPs took no step as to refund of any amount and the request went in vain. Subsequently, the Complainant sent demand notice dt.9.9.2017 and in reply to that letter the OPs informed that deposited amount was non-refundable as per terms and conditions mentioned in the receipt but the amount was adjustable with the other services if required. The Complainant has further stated that the OP never disclosed such terms before receiving the amount and taking advantage of the situation has been depriving the Complainant and the Complainant, therefore, by filing the instant complaint prayed for direction upon the OPs to refund Rs.1,18,000/-, to pay compensation of Rs.50,000/-, to pay interest and other reliefs.
The Complainant annexed invoice receipt dt.31.7.2017, Advocate’s letter, Postal receipt and track report.
The OPs contested the case by filing written version denying and disputing all the allegations labeled against them in the petition of complaint stating inter alia, that the Complainant approached the OPs for hair plantation and paid Rs.1,18,000/- knowing well that the amount deposited was not refundable. It is stated by the OPs that no document regarding whether the Complainant received any advice from any physician had been brought before this Forum or before the OPs.
It is further stated by the OPs that the Complainant sent a letter where the Complainant did not put any date or signature. Moreover, the instant dispute is not consumer dispute at all and accordingly prayed for dismissal of this case.
Both the parties adduced evidences followed by the cross examination in the form of questionnaire and reply thereto. The OP annexed copy of letter issued by the Complainant and tax invoice.
In course of argument Ld. Advocate for the Complainant narrated the facts mentioned in the petition of complaint and Ld. Advocate on behalf of OP submitted that the OPs are ready and willing to refund the deposited amount to the Complainant for sake of the goodwill of the OPs.
Points for determination
- Whether there is deficiency in providing service on the part of the OPs?
- Whether the Complainant is entitled to the reliefs as prayed for?
Decision with reasons
Both the points are taken up together for comprehensive discussion and decision.
Admittedly, the Complainant paid Rs.1,18,000/- to the OP for hair plantation and receiving said amount the OP issued tax invoice dt.31.07.2017. It appears from the said tax invoice that the Complainant intended for the package for ‘Hair Build Surgery’ category.
The Complainant has stated that he was advised by the OP to take some hormonal medicines but the Complainant opted for taking opinion from his family physician who cautioned him not to intake such medicine and receiving such warning the Complainant decided to withdraw himself from the package for hair building surgery and intimated the same to the OP verbally and by letter. The OP has stated that they have received a letter which does not contain the date and signature of the Complainant. On perusal of the said letter annexed by the OP to the written version we found that the undated letter had not been signed by the Complainant or any other person.
On perusal of written version, it appears that it is stated by the OPs that the Complainant did not follow the package programme without showing any reason. However, we did not find any document wherefrom it could have been evident when the hair transplantation surgery was going to take place. The OPs have further stated that the Complainant was offered to take alternative service which the Complainant refused to avail.
However, in course of argument, it was submitted by the OPs that the OPs were always ready and willing to refund the amount deposited with them for upholding their goodwill and in their written argument too they have stated the same thing.
On perusal of record, it appears that the Complainant deposited the amount o n 31.7.2017 and sent legal notice on 9.9.2017 (as claimed though the letter does not disclose the same) and filed the instant complaint on 20.11.2017. We do not find any cogent ground for immense suffering and, therefore, not inclined to allow any amount towards compensation since compensation should be awarded in accordance with the quantum of loss suffered by the Complainant.
Considering the state of affairs, we are not inclined to award cost.
In the result, the Consumer Complainant succeeds.
Hence ordered
That Consumer Complaint being No.661 of 2017 is allowed on contest but without any order as to compensation and costs.
The OPs are directed to refund Rs.1,18,000/- to the Complainant within one month from the date of this order failing which interest @ 9% p.a. shall be accrued on the said amount till realization thereof.
