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India Hair Doc's Bad Hair Day, Pays Fine |
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Contributed by J. R. Ransom
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 Hair Transplant?
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 ($1,115.52
USD). 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 ($1,115.52 USD)
received by him as fees and also pay a compensation of
Rs
15,000 ($371.83 USD)
and Rs 3,000 ($74.37USD) as cost of litigation. Feeling aggrieved, the
doctor filed
and appeal before the Commission which dismissed and upheld the
district Forum's
order.
Visit: Times of India.
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