Santosh had a problem faced by many metro-sexual men – a black spot on the face troubling his self-image. Like many city-dwelling uber chic men, Santosh approached a cosmetic center Vives Healthcare to remove the black spot. The doctor advised a Microneedle therapy which would take 90 days to complete. Santosh readily agreed for it, but only attended two therapy sessions. Seems like the excitement to start the therapy weaned off as soon as it had set in.
Surprisingly though, he approached the State Commission – West Bengal, making several allegations on Vives Healthcare. It was alleged that the doctor at the cosmetic center pretended to be a specialist in treating black spots through Mironeedle therapy but the results proved otherwise. In just two sittings there were adverse effects on the skin and hence he had to consult a Dermatologist for further line of treatment. The unscientific way of treatment constitutes medical negligence claimed Santosh as he demanded a full refund of the fees paid to Vives Healthcare along with compensation for mental agony.
Vives Healthcare denied all the allegations. They did agree that in the two sittings which Santosh had, Dermaroller and beauty creams with medicinal benefits were used. But they also laid a strong emphasis on the fact that he discontinued the therapy only after two sittings and hence, they cannot be held negligent.
All the claims and counterclaims notwithstanding, the Commission had all the facts and records of the case to give an assertive ruling. Quite candidly, the Commission noted that while Microneedle therapy was becoming a fashionable beauty treatment, the records of its side-effects such as itching, redness, dryness, pilling pain rash or even dermatitis were still being collected. From medical records, the Commission observed that Santosh did face the side-effects of the therapy, however, he was equally to be blamed for discontinuing it – he had to own up the responsibility.
The Commission ordered Vives Healthcare to refund the fees paid by Santosh after deducting the fees for two sittings that he did attend. A fair way to end the feud perhaps?
Source:Order pronounced by West Bengal State Consumer Disputes Redressal Commission on 23rd March, 2017.