NCDRC Awards 2 Crore Compensation With Interest For Bad Haircut, Hair Treatment At ITC Maurya

In a significant judgement, the National Consumer Disputes Redressal Commission (NCDRC) has awarded a compensation of 2 crore rupees with 9% interest to a woman who suffered trauma, and loss of career prospects due to a bad haircut and hair treatment, owing to the deficiency in the services of a salon at Delhi's five-star ITC Maurya in 2018.

The bench of Justice R.K Agrawal (Chairman) and Dr. S.M. Kantikar (Member) said that, “the Complainant was in the modeling career and for every assignment for promotion of any hair care brand, she was being paid a higher remuneration or fee. After losing her hair, she was under distress and trauma as she was expecting destroy of her modelling career.”

The Commission noted that due to the wrong cutting of her hair, the woman went through depression, trauma, and anxiety, and faced a threat of loss of further or anticipated assignments.

In 2018, the woman filed a complaint against ITC Limited, alleging deficiency in service on their part for cutting her hair against her instructions.

She alleged that she had instructed the stylist to cut her hair in a particular style, but the stylist had shortened her hair without following her instructions.

The Commission allowed the complaint in September 2021, directing ITC Ltd. to pay a compensation of ₹2,00,00,000/- (Rupees Two Crores only) to the complainant for the wrong cutting of her hair and negligent hair treatment.

However, ITC Ltd. challenged the order before the Supreme Court.

In February 2023, the Supreme Court affirmed the finding of the Commission regarding deficiency in service on the part of ITC Ltd. and remanded the matter to NCDRC to reconsider the quantum of compensation.

In compliance with the direction of the Supreme Court, the complainant model filed an additional application before NCDRC which was considered in the present proceeding.

It was argued that the complainant went to the salon in 2018 to have a neat look as she was going to appear for an important interview for a senior position based in Delhi. Subject to her selection, her salary and other perquisites would amount to ₹1 crore per annum.

To support her contentions, she had submitted a copy of emails exchanged during the communication.

It was submitted that she had also lost the opportunity in modelling and film career. To substantiate her argument, she had produced record copies of the advertisements/brochures of VLCC and Pantene along with her application.

It was further submitted that she was being offered feature films and hair care product campaigns, and negotiations were ongoing with some of the best production houses.

She was expecting more modeling assignments and had a bright prospect and profile. The amount claimed earlier was less, and she has now enhanced her compensation to the tune of ₹5,20,00,000/- on account of loss of modeling assignments, fashion products, loss of future prospects, and mental agony, the complainant submitted.

On the other hand, respondent ITC Ltd. argued that the complainant had merely filed a tabulation of her alleged loss without producing any supporting documents or evidence to substantiate her claims.

Furthermore, it was submitted that most of the evidence put on record by the complainant was either dim or illegible.

After hearing the parties the Commission opined that, “It is pertinent to mention here that with regard to our finding of deficiency in service on the part of the Opposite Party, the same having been affirmed by the Hon’ble Supreme Court, has attained the finality. The only question for which the matter was remanded back to this Commission is to decide the quantum of compensation in view of the material to be adduced by the Complainant to substantiate her claim for compensation.”

The NCDRC observed that there cannot be any doubt that the complainant was modeling for the hair-care products, and as such, maintaining the hairstyle and taking care of her hair were crucial for her high profile and bright career.

However, due to the wrong cutting of her hair by the ITC salon, she had undergone depression, trauma, and anxiety, and faced a threat of losing further or anticipated assignments. As a result, she perhaps could not finalize her assignment with the Mahindra Group due to frustration and emotional attachment to her hair, the Commission added.

On the contention of ITC Ltd that photocopies of documents cannot be relied on,the Commission noted that after losing her hair, she was traumatized and it cannot be expected that she would have maintained the documents in original form with a hope that she would file a suit.

In light of the above the Commission decided that the Complainant has sufficiently substantiated her claim for compensation by leading the cogent evidence.

The Commission held that the “interest of justice will be met” if the Complainant is awarded ₹2,00,00,000/- (Rupees Two Crore) as compensation.

“We accordingly award ₹2,00,00,000/- (Rupees Two Crore) as compensation. However, since, a long time has passed from the date of passing of our earlier order dated 21.09.2021, in our view, the Complainant is entitled to be compensation by way of interest”, added the Commission.

Furthermore, it has direct ITC Ltd. to pay a sum of ₹2,00,00,000/- (Rupees Two Crores only) to the Complainant along with interest @9% p.a. from the date of filing of the Complaint i.e. 19.07.2018 till payment, within a period of six weeks from the date of receipt of a copy of the order.

Case Title: Aashna Roy v. Yogesh Deveshwar& ors.

For the Complainant: Ms. Aashna Roy, In Person

Counsel for Opp. Party: Mr. Debal Kumar Banerji, Mr. L.K. Bhushan, Ms. Raashi Beri.

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