[Resolved]  Kaya Skin Clinic — laser hair reduction - cheating and criminal misappropriation

Address:

Kaya, Nungambakkam

I availed the kaya laser hair reduction service on 28.05.2019 and paid a total of rs.59, 785/- for the same. At the time, i was not given any contract to sign, no disclosures, and no invoice for the same. I simply received a copy of the card receipt, once i swiped my card for the amount. I availed the service and paid at kaya isphani nungambakkam. Neither the doctor, nor the receptionist nor the manager informed me that the package had an expiration date.

Infact till today, i have not been made aware that the package has an expiration date. I received a whatsapp message from kaya today morning informing me that the package expires on 18.11.2020 (For the first time, kaya has bothered to make us aware of this).

When i called up the relevant alwarpet laser hair clinic demanding to know why i have not been informed of the same, the manager at the alwarpet clinic, one ms. Akila informed me that they "they must have orally informed me of the same" while i undertook the procedure. Rest be assured, i have never been orally informed of this.

In response to the above, i stated that she send across a copy of the contract sheet which contains this information about the expiry.in response, i received a detailed invoice over email, which has never been given to me before, which is in the form of a contract (Thereby requiring signature of both parties to be valid).

The detailed invoice issued to me now, which doesn't contain my signature, contains an expiration date.

I have called up several of my friends who have availed this treatment asking them whether they have been made aware of any such expiration date while getting the treatment. Unsurprisingly, they have informed me that there has been no such communication from kaya regarding the same.

Note the following;
1. Kaya has taken my email id and ever since sending me emails about the promotions/appointments/rescheduling etc. However till date i have not received a copy of the invoice containing the expiration date.
2. The doctors at kaya advice you to take the sessions after 3 - 5months, as required. Clearly, as prescribed by the medical professionals, it is not advisable to take all six sessions within a span of one year. There is clear evidence of medical malpractice with practices injurious to health.
3. It is extremely difficult to schedule appointments at kaya. They barely ever give appointments when you call them. It takes about 5 weeks to get an appointment.

In light of the same, i have been forced to place a police complaint for cheating and malpractice with the chennai police against all those involved.

In this regard the offences committed by the doctors, managers and directors of kaya are as follows.

1. Cheating under section 420 of the ipc for never informing me about the expiration date, when i availed the service. The supposed invoice which contains the expiration date, has never been shown to me.

2. Violation of the code of medical ethics, 2002 by the doctor, the details of which have been specified in the police complaint.

3. Misappropriation under section 403 of the indian penal code, 1860.

In the event that you do not withdraw the message with the expiration date and clarify that there is no expiration date, as was represented to me, when i took the package, i will be forced to file a class action suit along with the criminal complaint i have already placed.

In the alternative i want a refund of rs.60, 000/- along with damages for rs.10, 00, 000/- for the cheating and mental agony.