Decided on February 20,2014

Tara Homeopathy Clinic Appellant
RAJESH KUMAR Respondents


Inderjit Kaushik, Presiding Member (J) - (1.) THIS order will dispose of the two (2) appeals i.e. First Appeal No. 1413 of 2013 Tara Homeopathy Clinic & Anr. v. Rajesh Kumar and First Appeal No. 1414 of 2013 - -Tara Homeopathy Clinic & Anr. v. Sanjeev, as the questions of law and facts involved in both the appeals are same and both the appeals are directed against the similar orders dated 22.10.2013 passed by the learned District Consumer Disputes Redressal Forum, Jalandhar (in short "the District Forum"). Facts are taken from FA. No. 1413 of 2013 and the parties would be referred by their status in this appeal. Facts in brief, as are made out from the appeal file, are that Sh. Rajesh Kumar respondent/complainant (hereinafter called as "the respondent") filed a complaint under Section 12 of the Consumer Protection Act, 1986 (in short, "the Act") against the appellants, pleading that the appellants published an advertisement in 'Dainik Bhaskar' newspaper dated 12.7.2012 to the following effect: "Baldness can be eliminated within a few days, stop 'hair falling' within a few days and grow permanent hair naturally (Tara Homeopathy Clinic in 11 States, 31 cities, 41 branches, 95 doctors)."
(2.) THE respondent approached appellant No. 1 and disclosed him about the problem of 'hair falling' and becoming bald and after examination, it was assured that after completing the full course of medicines, 'hair falling' will stop and natural hair will grow and baldness will eliminate. The appellants demanded Rs. 19,800 to be paid in instalments for the said treatment and the respondent agreed to take the treatment of Homeopathy medicines from the appellants. The appellants received total amount of Rs. 19,800 for the treatment and the treatment commenced from 22.7.2012 and completed on 24.10.2012. After receipt of each payment of instalment, the appellants used to give some Homeopathic tablets, oil and shampoo for which no description was told to the respondent. The respondent took the medicines as directed by the appellants, but neither new hair grew nor 'hair falling' stopped and there was no relief. Rather, the respondent became bald. On asking the reason by the respondent, the appellants told to wait for some time, but till date no relief came to the respondent nor 'falling hair' stopped and the respondent became totally bald due to wrong treatment given by the appellants.
(3.) THE prayer was made to refund the amount of Rs. 19,800 along with compensation and costs.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.