The Times of India
27 Jul 2007, 0446 hrs IST,TNN
NEW DELHI: A hair transplant expert has been directed by a consumer court to pay a refund and compensation of Rs 60,000 to a patient whose baldness could not be cured to his satisfaction. The procedure could not be completed in one sitting, as promised, and left the complainant in extreme pain. State Consumer Commission president Justice J D Kapoor held doctor V S Malik guilty of deficiency in service for not delivering the kind of results which were promised to the complainant Avik Mukherjee and also for not completing the procedure in one sitting and subjecting the complainant to mental agony. "Even if a person is well qualified and an expert in the science, if the result of such a treatment is not as desired or worst than the remedy, the only inference to be drawn is either that of negligence in the procedure or lack of total perfection," Justice Kapoor said. "The consumer is concerned with the result and not how much effort was put in for yielding the desired and promised result," he observed. The treatment and procedure for beautifying the physique or looks of a person, like baldness cure or bleaching of skin, are such sensitive tasks that need total perfection. Any amount of inadequacy in the manner of performance causes immense mental agony, emotional suffering and physical discomfort to the consumer and therefore entitles the consumer to adequate compensation, said Justice Kapoor. The doctor, with clinics at South Extension and Rajouri Garden, claimed the complainant left the hair transplant procedure midway, as he was allegedly tired and did not want to continue with the mega sitting. He claimed that the patient himself was negligent as he himself requested for deferring the procedure to the next day. Justice Kapoor, however, rejected the doctor's plea and said that when the second step - of transplanting hair after collecting them from the back of head - failed, the question of performing the third step did not arise. Failure of second step was either due to negligence or lack of skill. Mukherjee had approached Malik's clinic for hair transplant and paid Rs 45,000. The procedure was to be completed in one mega sitting. But on getting dissatisfactory results, he dragged the doctor to a district forum in March 2007. The Forum ordered the clinic to refund Rs 45,000 received by him as fees and also pay a compensation of Rs 15,000 and Rs 3,000 as cost of litigation. Feeling aggrieved, the doctor filed and appeal before the Commission which dismissed and upheld the district Forum's order.
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