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The National Consumer Dispute Redressal Commission has directed hotel ITC Maurya to pay a compensation of Rs. 2,00,00,000 to a model for allegedly chopping off more length of hair than she had asked for and causing damage to her hair and scalp. The commission took special note of the fact that the complainant was a former model for Pantene and VLCC, promoting hair care products. 

A bench of President RK Agarwal and Member Dr. SM Kantikar noted, "There is no doubt that women are very cautious and careful with regard to their hair. They spend a handsome amount on keeping their hair in good condition. They are also emotionally attached with their hair. The complainant was a model for hair products because of her long hair."

The complainant Aashna Roy approached NCDRC alleging that the hairdresser, Christine, from ITC Maurya, had chopped off her entire hair leaving only 4 inches from the top, barely touching her shoulders, acting beyond the instructions issued by Roy.

Later, an offer was made to her by the Hotel for an extension of her hair for an interview or for treatment of her hair free of cost, for which she had agreed after a lot of persuasion - she stated that during this hair treatment, her hair and scalp were completely damaged due to excess ammonia, resulting in excessive irritation in her scalp.

However, the counsel appearing for the Hotel submitted that the entire hair of the Complainant was not chopped off and during the hair treatment no harm was caused to her scalp with the excess ammonia and the hair cut was infact as per the request of the Complainant.

The counsel also submitted that as ITC Limited is one of India’s foremost multi-business company, the Complaint had been filed by the Complainant with a malafide intention to malign its reputation and goodwill and "to extract unreasonably high and exaggerated compensation."

Roy through her affidavit contended, "the hairdresser, Christine did chop off her hair and caused irreparable damage to her hair; she never had short hair; the chemicals used by ITC Ltd. and in the salon for hair treatment", had "caused permanent damage to her scalp" which could be "established from the medical treatment certificate issued to her by Dr. Ranjit Kumar Das, MBBS."

Considering the arguments, the commission observed, "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 relevant portion of the Certificate issued by Dr. Ranjit Kumar Dass, MBBS to whom the Complainant visited for treatment of her scalp, is as under:-

“This is to certify that Ms. Aashna Roy aged 42 years has been suffered from scalp disorder due to chemical treatment done by the Head of Hair Treatment."

While allowing the compensation the Commission noted, "She has done modeling for VLCC and Pantene. But due to hair cutting against her instructions, by the Opposite Party No.2 she lost her expected assignments and suffered a huge loss, which (had) completely changed her lifestyle and shattered her dreams to be a top model. She was also working as 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 concretize her job and finally losing it."

The bench therefore directed the Hotel to pay the model a compensation of Rs. 2,00,00,000 within a period of eight weeks from the date of receipt of a copy of the order.

Case Titel: Aashna Roy Vs. Yogesh Deveshwar & Anr.

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