[Resolved]  Lakme Lever Pvt Ltd Sion West — PERMANENT HAIR DAMAGE

Address:

Mumbai City, Maharashtra

PERMANENT HAIR DAMAGE AT LAKME LEVER SALON SION WEST MUMBAI
HAIR STRAIGHTENING PROCEDURE
Vartika, daughter of Mrs. Alka gupta and Sh. B K Gupta, went for hair straightening on 11th Nov ’10 to Lakme Salon, Sion West, Mumbai. The job was assigned to one Ms. Shahnaz. During the process, she frequently consulted the Manager at various steps.

2. Ms Shahnaz advised her to keep the hair in unwashed condition for next 72 hours. After shampooing on the fourth day, she found that my hair had not been straightened fully and had become lifeless and dull as well.

3. She (along with her mom Mrs. Alka Gupta) visited Lakme Salon on 16th Nov ‘10. Their Manager, Ms. Renukka told her that there was nothing wrong with the hair She assured her that they would give me hair spa treatment to put life back into her hair and further straighten them and gave her an appointment for 20th Nov ‘10.

4. Vartika was, however, not convinced with her response. We consulted another hair expert who told us that the condition of the hair indicated overdose and long exposure to harsh chemicals and there was a likelihood of massive hair fall in the coming future. He said that the hair near the scalp had become brittle and weaker. He also advised against spa treatment and suggested protein treatment. She along with us visited Lakme Salon again on 17th Nov and the Manager agreed to give protein treatment instead of hair spa, on 19th Nov..

5. Vartika was assured that the damage done to her hair will be undone in some days. Se works in UK and had come for a fortnight, she left on 21st Novr ‘10 for Manchester (UK).

6. But there was no straightening of her hair and it remains brittle near the scalp and started falling too at the rate of 15-20 hair whenever she combed it. Their treatment has actually damaged her hair to a great extent. She rues the moment she decided to patroniset Lakme Salon. She is emotionally and socially in a traumatic and embarrassing state because of this.

7. She is not even sure of the quality of chemical solutions used. Our guess is that Ms Shehnaz is not a professionally trained and qualified specialist with sufficient experience in the line for conducting the said procedure.


i) We went to Lakme Sion on 25 Nov ‘10 and 28 Nov ’10 to request your Manager (Ms. Renukka) to arrange a talk with the senior people. She told us that they would talk to us in next few days. But nobody called. We went again on 5 Dec, ‘10 and delivered Vartika’s letter dated 30 Nov ’10.

ii) As there was no response till 11th Dec ‘10, we again went there on 12 Dec, ‘10 and demanded to know the outcome/response to our letter. Finally, on 14th Dec, ‘10 (after one month delay) Ms. Kabra arranged a meeting for 17 Dec, ‘10. Lakme Salon, Sion in its email dated 12.12.10 finally admitted the damage to hair.

ii. Their Area Sales Head, Ms. Suman Kabra in her email dtd 20 Dec ‘10 wrote: “We express our sincere apologies for the unexpected outcome of this chemical treatment.” She asked Vartika to send snaps of damaged hair. Vartika sent the same to her on 21 Dec, 10 thru mail.

8. On 28/12/2010, Lakme’s Zara talked to Vartika and promised to send some products to control the damage. The chemicals sent by Lakme received on 17/01/2011, four weeks after promise. On 25/01/2011, we received a cheque of Rs. 10000 without any details.

9. After repeated applications of the products, there is no perceptible improvement in the condition. Vartika consulted a hair expert in Manchester. His opinion is that:
The damage caused to the hair is irreversible. The only solution now is to shear the damaged hair when it grows long enough in the long run.
10. Mr. Alpesh Ashar, National Business Head Franchise Network talked to the undersigned on 4th March, 2011, three weeks after Ms. Kabra’s promise in mid- Feb 2011. He talked without knowing the details. He told me that my daughter has suffered from some reaction of the chemicals applied for straightening. In his letter dated 17th March 11, also he admits:

“.. rebonding.. is a chemical intensive treatment. It is critical to state that type of hair differs from one person to another and that different treatments can have different results on different individuals.”

11. If your people at even national level are so confused and uncertain about rebonding treatment one can imagine the level of knowledge at the grass roots levels. Pray why do you then carry out potentially hazardous procedures with uncertain outcomes on hapless customers?

12. Calling vartika to India from UK within a week to examine her hair
First botching up the procedure and then the culprit asking the victim to spend a couple of thousand Pound Sterling to visit India from in UK is the cruellest joke not only on her but on the entire female clientele of Lakme Lever Pvt. Ltd.. How can National Branding Manager, Mr. Alpesh Ashar and the CEO, Mr Chopra be so callous so as to even suggest to that effect. If their family women were meted out a similar treatment, would they still expect a similar uncouth and unreasonable stance? That is adding salt to injury. This remark is fit for reference to National Commission for Women which we are doing. Where were their experts and why did they not examine the condition when she was here in from November 14th till November 20, 2010 when the damage was caused. Were Lakme Sion people not even competent to gauge the intensity of damage?

13. After failing to seek an appointment during 21 to 26 March, I went to Lakme Lever’s office at Fort, Mumbai on 28 March ’11 to take an appointment with the CEO. His secretary, Ms. Jennifer Disawala, had told me over telephone during the week (21-26 march 2011) that the entire senior staff of Lakme Lever was out of India from 21st to 31st March 2011. On reaching their office, I found out about the presence of the CEO and insisted on meeting him.

14. Mr. Chopra was in hurry and could spare only two minutes. He blankly told me that as a CEO he was ‘only concerned with strategy and planning. Customer complaints were being looked after by Mr. Alpesh Ashar.’ I then asked him as to how do he got customer feedback about their services. His reply again was the same.

However, on my insisting and he being in hurry to shift his residence, he promised to call for a meeting with all concerned on April 6, ‘11 and settle the issue finally as he did not believe in unnecessary paper work. He also mentioned that the problem arose because Vartika had extremely curly hair. This is patently incorrect and not borne out by facts.

15. As brought out, the tone and tenor of the CEO’s letter and arrogant attitude with a client, even after permanently damaging her hair, amply shows that they look at the customer with disdain and indifference. Claim of compensation by a customer whose hair has been damaged by their incompetent and unprofessional people is her natural and legal right.

They do not want to discuss this because they have no case to defend the incompetence of their operators and inaction on their own part to oversee the working of more than 125 Lakme Pvt. Ltd. Salons.

16. Lakme Lever Pvt. Ltd. must advise the customers in writing and take an undertaking from them that if anything goes wrong during the process they only will be liable. Also put a big Notice in big letters in all Lakme Salons so that the customers are fore- warned.

17. The relevant correspondence (emails and letters exchanged) has been given to a competent lawyer for drafting a complaint to the Distt Consumer Grievances Redressal Forum, Mumbai. In due course, a complaint will be filed in this regard.

To do so more effectively, we sought Lakme Lever’s reply in our letter dated 17.04.11 following queries which are legally important :

a. Who hires such operators, Lakme Lever Pvt. Ltd. or the franchisees themselves. We demand certified copies of Ms. Shehnaz’s technical training and professional competence and experience and certificate to use chemicals on clients. Please also furnish list of customers on whom she has carried out hair straightening treatment in the last two years to know their level of satisfaction.

b. What are the technical qualifications and certifications required by Lakme Lever Pvt. Ltd. for operators for hair straightening treatment involving hazardous chemicals in their Salons? Are these operators trained at Centres approved by The Director General of Technical Training or some Medical Council of India?

c. Does Lakme Lever Pvt. Ltd. make it clear to the customer before carrying out potentially hazardous procedures that if anything goes wrong it would not be responsible in any way? If yes, was such undertaking taken from Vartika?

d. When some procedure goes wrong, are the Lakme Salons required to refer the matter to Lakme Lever Pvt. Ltd.? How does Lakme Lever Pvt. Ltd. respond to such cases? What are the turn around times for the same? In our case, we visited them and requested for their response many times between 20th November till 12th Dec ‘10. We were not even provided with the contact numbers of the higher ups despite repeated demands to Lakme Sion and Ms. Suman Kabra for long.

e. What is the laid down policy of Lakme Lever Pvt. Ltd. for payment of compensation/damage to customers who suffer permanent damage to their hair /skin due to wrong/incompetent handling?

f. Is there a process of monitoring and auditing Lakme Salons? What is the frequency and record of such visits, if any? Are any suggestions/complaints books available at such Lakme Salons? If so why are these not made available to customers when they complain?

g. Seeing their callous and indifferent response and approach to a matter of very serious concern for lakhs of clients like Vartika, who visit Salons like Lakme, we are seriously thinking of filing a class action complaint in concert with some NGOs engaged in the field of consumer protection.

h. We, inter alia, will demand and framing of stringent punitive and compensation provisions in case of damage caused to any part of the customers’ body due to negligence, inexperience or incompetence of their staff or incomplete disclosure of adverse outcomes by the chains at the time of sale, and strict regulation on Cosmetics, Beauty and Hair Care business.

Lakme Lever Pvt. Ltd. has so far not cared to respond to this letter.


18. Deficiencies in service: The deficiencies on the following counts are attributed to Lakme Lever:

a. Deficiency: No delivery of promised service
I had paid Lakme salon for straightening my hair which they have failed to carry out. In the bargain, they have damaged my hair permanently.

b. Deficiency: Hiring o[censored]ntrained manpower for sophisticated high end treatment
The treatment to hair has to be handled by a highly qualified, trained and certified experienced person. You are charging @Rs. 2000 per hour for her services (higher than even the fees of a PG dentist of 10-15 years of practice.
I have specifically raised doubts on the technical and professional qualifications, certification and experience of the personnel at Lakme Salon Sion who merrily messed up with my healthy hair. Lakme Lever have still not come out with her technical and professional profile raising suspicion that she was not competent to handle such a job.
c. Deficiency: Casual response to the grievance all through
Even after realising the extent of damage to my hair, Lakme Salon personnel took no suo motto corrective/proactive action.
Only after repeated visits by my parents to Lakme Sion and raising the issue with Lakme Lever and on internet and threatening to move the Consumer Forum was a meeting arranged on 17th December 2010. (that is five weeks after the damage).
d. Deficiency: No Post Sales Proactive Response
Utter lack of any post service salvage of the messy situation on their own or even after my taking up the matter with the Co. for so long. Deficiency in not bringing the customer’s hair’s condition to the notice of senior functionaries. If that has been done, the senior functionaries’ reluctance to tackle the issue at their level. Apparently, they want to remain out of any customer interaction how so ever big the damage to the customer is.
e. Deficiency: Grievous nature of damage to an important body part:
This is not related to some defective garment or shoe. Lakme Lever have spoiled the most visible body and important part of a young girl. Vartika has become a human advertisement of your “creative accomplishment” for the last 6 months and how long more it would continue, nobody knows. Till that period she has been made to carry the burden of your Salon’s deficient and unprofessional treatment as a monumental folly on her head. That is against all canons of customer service or natural justice. Only she has been the sole sufferer in the whole episode, and the Lakme Salon is going scot free in the process.
Their awfully bad treatment of her hair has trodden on Vartika’s emotions and continues to do so in the absence of any remedial action. These are empty emotionless corporate phrases just trying to cover up the abject and unprofessional handling of the case at all levels in your multinational organisation.
19. In this case o[censored]tter customer neglect and continued customer dissatisfaction over a long period, mere individual apology does not suffice. Lakme Lever need to compensate the sufferer adequately for her agony. On the internet, a large number of complaints regarding wrong treatment of hair at various Lakme Salons across India are posted.
As Lakme Lever have spoilied her hair, they are liable for the damages as well especially when they have miserably failed in the last 23 weeks. We demand a compensation of Rs. 1 lakh + Rs. 230,000 (Rs. 10,000 per week for 23 weeks after 18th November ‘10 till date) of her continued suffering till you settle the claim.
We understand that standing up to a Multinational Company with a battery of costly lawyers is a tough task. But at some time, somebody has to accept the challenge and expose the true state of affairs at such salons to the women of this country who spend crores of rupees every month and are still meted out an indifferent behaviour and deficient service.
We shall continue our struggle till Lakme Lever Pvt. Ltd. Accepts its mistake and sets a precedent by compensating Vartika for gross deficiency of service at one of their Salons.
Any customers who have been meted out a bad treatment at any Lakme Lever Salons anywhere in India or any other such Salon, may kindly get in touch with us through email, so that a collective action can be taken.

For Vartika Gupta

(B K Gupta)
Authorised Representative
+91 [protected]
[protected]@gmail.com