South Mumbai District Commission Holds VLCC Liable For Negligently Conducting Laser Hair Removal Treatment Which Led To Severe Burns

Brief Facts:

The Complainant underwent Laser Hair Reduction treatment from VLCC Health Care Ltd., for which she paid Rs. 17,700/-. However, during the third session of the treatment, the laser radiation was excessively high, resulting in severe burns to the Complainant's entire chin. This led to the formation of water bubbles on the chin, causing immense pain and posing a serious risk to the Complainant's health. The Complainant made several communications with VLCC for a refund. However, VLCC consistently suggested availing another service instead of providing a refund.

Feeling aggrieved, the Complainant approached the District Consumer Disputes Redressal Commission, South Mumbai (“District Commission”) and filed a consumer complaint against VLCC. VLCC didn't appear before the District Commission for the proceedings.

Observations by the District Commission:

The District Commission held that the accusations of the Complainant extended beyond a mere failure to provide proper service, but rather involved negligence on the part of VLCC resulting in injury to the Complainant during treatment.

The District Commission held that the term "compensation" holds broad implications, encompassing actual or anticipated losses, extending to physical, mental, or emotional suffering, insult, injury, or loss. It held that individuals, particularly women, are highly mindful of their facial appearance, considering it an essential aspect of their identity and self-esteem. The face serves as a primary identifier and contributes significantly to one's personality. Women, in particular, invest substantially in maintaining their facial aesthetics, reflecting their emotional attachment to their appearance. It held that due to the negligence of VLCC, the Complainant endured significant pain and likely experienced psychological distress such as depression, trauma, and anxiety, altering her lifestyle and undermining her aspirations for a pleasing appearance. Furthermore, the Complainant's inability to continue the laser hair reduction treatment due to facial burns increased the severity of the situation.

It held that the societal importance placed on facial beauty is undeniable, with any damage to one's external facial appearance causing considerable distress. Considering the cultural context in India, maintaining an appealing appearance is deemed essential for women.

Initially, VLCC stated that it has a no-refund policy but later offered a credit note and a partial refund of Rs. 10,000/-. However, the District Commission held that it was only after persistent follow-ups and legal intervention that VLCC agreed to refund the total amount paid. Therefore, the District Commission held VLCC liable for deficiency in service and negligence.

The District Commission held that the aim of compensation is to not only recompense the individual but also to bring about a qualitative change in the service provider's attitude. Therefore, the District Commission directed VLCC to pay a compensation of Rs. 50,000/- to the Complainant within 30 days from the date of the order.