BODY CARE Vs. ASHOK KUMAR SOLANKI

JUDGEMENT

(1.) The appellant has been giving advertisements in the newspapers for treatment of white type phase borne in the hair of the men. The treatment provided by the appellant to the respondent who was a handsome young unmarried boy resulted in the falling of hair and making him bald. Vide impugned order dated 5.8.2004 passed by the District Forum the appellant has been directed to pay an amount of Rs.50,000/- as compensation for unfair trade practice as well as for loss of mental peace, reputation and marriage prospectus of the respondent. Feeling aggrieved of the quantum of compensation the appellant has preferred this appeal.

(2.) Admittedly the appellant charged Rs.7,000/- from respondent who was lured by the advertisement of the appellant to get the treatment and assured the respondent that his problem will vanish away after treatment. After one sitting itself the respondent's hair started falling down and immediately after 3-4 days he visited the clinic of the appellant and apprised the appellant about the problem but he was again given the assurance that it was a routine process and will stop after second sitting. Instead of the problem of hair falling being arrested the pace of hair falling quickened after second sitting. He was sent to another branch of the appellant at Gujranwalan where he was informed that it has happened due to mistake of the staff and since there is no scope of bringing the hair back he was advised to take some medicines from the doctors and promised to refund Rs.7,000/- deposited by him. However, the respondent started having constant headache and head-skin became tensionful and as a result he has also not only lost his hair but also lost chances of getting compatible life partner.

(3.) As is apparent the appellant had received Rs.7,000/- towards treatment of white type phase borne in the hair which is commonly known as dandruff. Admittedly, the respondent had immediately after the treatment started losing his hair and after second sitting he lost lot of hair and almost became bald. It appears that it was a case of wrong treatment given by the appellant as the appellant immediately offered to refund the amount received by it but refused to compensate the respondent further. The respondent produced his photographs before and after the treatment before the District Forum. The District Forum also personally had the chance to see the respondent. The photographs before the treatment showed that the respondent was a good looking young man and after the treatment he almost became bald headed. The carelessness and casual approach of the appellant by subjecting a person to get a treatment of such sensitive nature from the untrained staff or unqualified persons has resulted in this mind boggling situation. The way the slimming and beauty clinics which have mushroomed in the city give advertisements in the newspapers even the educated young persons who are having some or other problem which concerns looks or skin get lured. These are such unfair trade practices which need to be curbed with heavy hand as such persons not only play with the life of the men and women and that too of marriageable ages when in modern society and modern life these people assure to provide a good look or attractive physical personality. They indulge in such practices as they have the evil propensity to become rich overnight. The respondent is a young man who was having problem of white type phase borne in the hair though he was a handsome young man and went to the appellant clinic to get treatment after coming across the advertisement given by the appellant paid Rs.7,000/- but in the process spoiled his future, lost his mental peace, suffered in reputation and every day will undergo mental agony and trauma. These are such agonies which cannot be compensated in terms of money but since we are concerned with the concept of compensation on account of unfair trade practice and deficiency in service we have to compensate a person adequately inspite of the fact that money is not a panacea for every eventuality.