Reluctant for an expensive haircut, if they do it wrong, it can fetch you around 2 crores

|THE DEN|

Aashna Roy, aspiring supermodel visited the salon at ITC Maurya on April 12 back in 2018. She asked for her usual stylist but due to non availability, she was offered another stylist upon assurance from the staff.

She had modelled for VLCC and Pantene in hair product ads for hair products. Roy was “shocked and surprised to observe that despite her specific instructions for long flicks/layers covering her face in the front and at back, and 4-inch straight hair trim from the bottom”. The hairstylist had allegedly “chopped of her entire hair leaving only 4-inch from the top touching her shoulder”.

The staff at ITC in order to allegedly cover up ordered a free hair treatment which was “dubious and it resulted in damage of her hair. Her scalp was burnt with severe burning sensation due to hair treatment and there was itching and flaking of the scalp. The chemical used in hair treatment has caused permanent damage to her scalp”.

The National Consumer Disputes Redressal Commission’s Justice RK Agrawal and Dr SM Kantikar observed that “no doubt that women are very cautious and careful with regard to their hair” and “spend a handsome amount on keeping the hair in good condition”.

“They are also emotionally attached to their hair. The complainant was a model for hair products because of her long hair. She has done modeling for VLCC and Pantene. But due to hair cutting against her instructions by the opposite Party No.2 (ITC Hotels Ltd), she lost her expected assignments and suffered a huge loss which completely changed her lifestyle and shattered her dream to be a top model”, the order stated.

The complainant was planning on continuing with her modelling assignments which were mainly related to hair products and was also offered a movie role.

Noting that she was also working as a senior management professional and earning a decent income. “She underwent severe mental breakdown and trauma due to negligence of the Opposite Party No.2 in cutting her hair and could not concentrate on her job and finally lost her job. This apart, the Opposite Party No.2 is also guilty of medical negligence in hair treatment. Her scalp was burnt and still there is allergy and itching due to fault of the staff of Opposite Party No. 2”, according to the order.

Roy stated, “undergone severe mental breakdown and self- esteem as she always had long hair and because of fault on the part of ITC Hotels Ltd, she has been left with little or almost no hair”.

“She stopped seeing herself in the mirror... and her social activities. She is a communication professional and required to be involved in meetings and interactive sessions. But she lost her self-confidence due to little hair. She also suffered loss of income due to mental breakdown after the shoddy haircut and, thereafter, the torturous hair treatment. She left her job also... It is submitted that she has gone through the pain and trauma for the last two years after this incident”

“No basis whatsoever has been set out in the complaint on which the claim for compensation has been quantified at Rs 3 crore. The complainant has inflated the alleged claim deliberately in order to invoke the jurisdiction of this Hon’ble Court and the complaint is liable to be dismissed for want of pecuniary jurisdiction,” the lawyer for ITC argued.

The court being satisfied on the fault of ITC Hotels and seeing an internal WhatsApp chat with ITC accepting its fault found in the favour of the complainant Aashna Roy awarding her a claim of Rs. 2 crores.

“A bare perusal of the WhatsApp chat adduced by the Complainant would reveal that the Opposite Party had admitted the fault on their part and, by offering the free hair treatment, tried to cover it. There was also negligence on the part of the Opposite Party No.2 in giving hair treatment to the Complainant,” the NCDRC judgment said