The Hyderabad District Consumer Disputes Redressal Commission (DCDRC) has directed a hair salon to pay ₹1 lakh in compensation, along with ₹25,000 in costs, to a woman who had to cut her hair following a botched treatment.
The woman informed the consumer court that the hair treatment left her hair severely matted and tangled, forcing her to cut it, which violated her religious beliefs as a Sikh. The coram, consisting of President Uma Venkata Subba Lakshmi and Member Lakshmi Prasanna, found that the consumer had provided sufficient documentary evidence showing her hair had turned into a "lump" following the salon's hair spa services.
"It is the also proved from the list of the products used in the demo session and the session in the package that the opposite party No. 2 (salon) has deviated from the protocol mentioned in the guide book. Thus, per se negligence and deficiency of service are evident in so far as the opposite parties No. 1 & 2 (salon and its owner) are concerned. Therefore, the complainant is entitled for lumpsum compensation," the consumer forum held.
The order was issued in response to a complaint filed by Jasleen Kaur, who stated that she came from a devout Sikh family and emphasized that one of the core tenets of Sikhism, "Kesh," holds deep religious significance, as it prohibits cutting one’s hair. Violating this tenet could have serious religious implications for her.
Kaur explained that she had been receiving hair treatments at various salons, such as Naturals and Mirrors, for over eight years without any issues. However, problems arose when she visited "Naoki," a luxury hair salon and spa in Jubilee Hills, Hyderabad.
Her first visit to the salon on June 11, 2023, for a hair spa treatment, resulted in tangling issues, which the salon's staff attributed to her long, thick hair. After a prolonged detangling process, they apologized and invited her back for a luxury experience. On July 13, 2023, Kaur returned for the treatment, where the staff reassured her that the products used would not harm her hair.
However, her hair became severely matted and tangled during the treatment, and despite numerous attempts by the staff to resolve the issue, they suggested cutting her hair. Kaur refused, citing her religious beliefs. After three hours of distress, she consulted a dermatologist, who attributed the damage to the chemicals used in the treatment and advised her to cut her hair. Kaur was ultimately forced to cut her hair at another salon, which left her emotionally devastated.
Although the salon refunded her payment, they did not provide a satisfactory explanation for the incident. Kaur felt her religious and personal identity had been compromised and expressed her distress on social media. In response, the salon contacted her, revealing their lack of expertise in hair care. Kaur further argued that the salon had used Davines India products without conducting a patch test, which she claimed demonstrated negligence.
She contended that her right to practice her religion was violated and that the experience severely impacted her studies and professional life, leading her to seek psychiatric help. After receiving no response to her legal notices, Kaur filed a consumer complaint, seeking ₹2 crores as compensation for the salon's deficiency of service and medical negligence, and an additional ₹50 lakhs for the harassment, humiliation, and mental trauma she endured. The salon, its proprietor, and Davines India were made parties to the case.
The consumer court acknowledged that Kaur’s hair had been damaged due to faulty service, but noted that she had tarnished the salon's reputation on social media before filing her complaint. This factor was considered in determining the amount of compensation.
Additionally, the court found no evidence of negligence on the part of Davines India, dismissing the complaint against the beauty brand.
Ultimately, the court ordered the salon and its proprietor to jointly pay Kaur ₹1.25 lakhs as compensation, including costs.
Advocate Ranjan Matthew represented Kaur, while Advocate P Srinath represented the salon and its proprietor. Advocate Pragathi appeared on behalf of Davines India.
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