No guarantee with Hair Transplants: Consumer panel dismisses plea against doctor, centre

Amritsar: Taking note of the consent form signed by a patient that mentioned that some complications after hair transplant may arise leading to failure of the complete and satisfactory result, a consumer panel dismissed a case and against a doctor and his hair transplant centre that alleged them of cheating. The complaint further demanded compensation and money back for the failed hair transplant procedure.

The District Consumer Disputes Redressal Forum, Amritsar dismissed the case of the patient who alleged the hair transplant centre for cheating.

The case goes back to 2017 when a patient suffering from hair fall problem and after coming across an advertisement of Dr Gupta’s Cosmetic and Lazar Hair Transplant Centre.came to the centre for purpose of hair transplant.

The patient alleged that a total fee of Rs. 2,00,000/- was demanded by the centre for complete hair transplant and also gave guaranty that the problem of the patient will be cured within a short period. Accordingly, the patient paid Rs. 86000/- in advance as cash to the centre in the presence of certain persons. The doctor prescribed medicines to the patient on his prescription slip. After that, the patient was called by the doctor on 29.8.2017 and he paid another sum of Rs. 20,000/- to the doctor.

As such the patient paid a sum of Rs. 1,06,000/- to the doctor out of the total fee of Rs. 2,00,000/- and again doctor prescribed more medicines to the patient and till date he incurred Rs. 40000/- approximately on medicine as well .

However, to date, he is not cured of his hair transplant problem despite medicines prescribed by the doctor. The patient further alleged that the doctor has even not done complete hair transplant on the head of the patient.

The patient further claimed that when he demanded back the receipts for the money paid by him, the doctor declined to issue the same. The patient also served a legal notice dated 23.7.2018 upon the doctor asking him to pay back him his money but the doctor failed to revert to the same nor complied with the said notice.

Alleging that the doctor has acted in a most illegal and irresponsible manner which has caused a lot of mental tension, agony and harassment as well as financial loss to the patient, the patient filed a complaint with the Amritsar District Consumer Redressal Forum, demading complete refund of his money along with interest as well as a compensation of Rs 1 lakh and Rs 22,000 towards litigation expenses.

In their defence, the doctor and the centre informed that the patient himself on his own had come to the centre with a problem of Baldness and wanted hair transplant on his head. The patient was explained the entire procedure of hair transplant about the results and complications involved by the doctor. After understanding everything patient signed the consent form. He was also explained that more than one sitting will be required for the treatment. The patient was informed about the fee and he made the part payment as per receipt. The first sitting of the complainant was done on 24.8.2017 and the next day i.e. on 25.8.2017 around 5000 hair follicles were planted on the head of the patient. The patient got good results after the operation and was happy and satisfied with the outcome.

They also said that in the very first sitting patient was explained in clear terms that in case he wanted to increase the density of hair on his head, he will be required a second sitting probably 8 to 12 months after the first surgery for which he will be charged separately.

No such alleged guarantee was given to the patient nor any such guarantee can be given, the response stressed. Prescribing medicines after surgery is a routine for doctors as part of their job. It was admitted that the patient had given a cheque of Rs. 20000/- to the centre and rest of the amount was paid in cash. The patient made the part payment as per receipt.

It was denied that the patient had incurred a sum of Rs. 40000/- on medicines as regular medicines generally required after a hair transplant surgery amounts to around Rs. 6000/- to Rs. 7000/- in four months. It was submitted that the patient was duly explained about the second sitting and about the fee chargeable but the patient was adamant that his second sitting should be done free of costs. The receipts of the amount received were 5 duly issued to the patient.

To prove the said fact opposite party has placed on record operation notes of 24.8.2017 and 25.8.2017 as well as consent.

After considering all the submission, as well as the documents provided to the District Consumer Disputes Redressal Forum, Amritsar, the forum ruled in favour of the doctor and the centre, absolving them of the charges

...once the patient has himself given his consent form that some complications may arise regarding the failure of the complete and satisfactory result, he cannot say at this stage that the doctor had given full guaranty that the said problem of the patient will be cured completely. Moreover, the doctor has told the patient in clear terms that in case he wanted to increase the density of hair on his head, he will be required a second sitting for which he will be charged separately. The patient has not produced any expert to prove his case whether the problem of hair transplant can be solved in one sitting only and there is no necessity of second sitting. Not only this the patient himself has signed the application for admission form in which the patient has duly given his consent that he is agreed to abide by the rules and regulations of the centre.

With the above observations, the forum dismissed the case