Court awards Rs 2 cr compensation to hair model for botched haircut at top hotel

The complainant, Aashna Roy, a resident of Gurgaon and a model for hair products, said that she had undergone severe trauma after the incident.
Woman in silhouette
Woman in silhouette
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A woman has been awarded a compensation of Rs 2 crore by the National Consumer Disputes Redressal Commission (Consumer Court) for a botched haircut by the staff of a salon in New Delhi’s Hotel ITC Maurya in 2018. The complainant, Aashna Roy, a resident of Gurgaon and a model for hair products, said that she had undergone “severe mental breakdown” after the incident. 

“The complainant was a model for hair products because of her long hair. She has done modeling for VLCC and Pantene. But due to hair cutting against her instructions, she lost her expected assignments and suffered a huge loss which completely changed her lifestyle and shattered her dream to be a top model,” the order stated. ITC Hotels Ltd and its Chairman Yogesh Deveshwar were the respondents in the case. The order said that the complainant was also working as a Senior Management Professional, but the incident “completely changed her lifestyle”, and that she was not able to secure her job due to this. She also underwent severe trauma due to the alleged negligence. 

The order states that, as per a Supreme Court judgement for a 2008 case, the compensation "not only serves the purpose of recompensing the individual, but which also at the same time, aims to bring about a qualitative change in the attitude of the service provider." The order also defines "compensation" as something that "may constitute actual loss or expected loss and may extend to compensation of physical, mental or even emotional sufferings, insult or injury or loss."

On April 12, 2018, the woman visited the salon of Hotel ITC Maurya in New Delhi for a haircut to have a “clean and groomed appearance” ahead of an upcoming interview, according to the order. She asked for her regular hairdresser but since she was not available, she was provided with another hairdresser. The complainant alleged that she specifically instructed the hairdresser to cut long flicks/ layers covering her face in the front and at the back, and a 4-inch straight hair trim from the bottom. “However, to the utter shock and surprise of the complainant, the hairdresser chopped off her entire hair leaving only 4 inches from the top and barely touching her shoulders, for which she was not instructed by her,” the order states.

The complainant alleged that on April 13, as no action was taken against the hairdresser, she called the General Manager of the salon to look into the matter. However, he allegedly misbehaved with her, stating that she was free to take any action against the salon. The complainant subsequently called the CEO of ITC Ltd Dipak Haksar, and apprised him of the entire episode. The order notes that an offer was made to Aashna by the respondents for hair extensions or other such treatments free of cost, for which she agreed after much persuasion. An external technical hair expert from the company MoeHair was arranged, and she was advised to repeat the treatment for 23 washes. 

However, on May 3, 2018, the complainant alleged that during the hair treatment which was supposed to help fix her predicament, the hairdresser scratched her scalp with his nails. After this, the products used contained too much ammonia and led to her scalp being burnt, she further alleged. 

“On complaint, they put hair spray which gave her only temporary relief. After the treatment, the hairs of the complainant became hard and rough and she was not able to even run her fingers through it. Her scalp also started irritating and burning again and again. She tried to seek the assistance of the hotel staff in the matter but they were abusive, rude and disrespectful. She was even threatened to face consequences on visit to ITC Maurya,” the order stated.

It added that the complainant ultimately approached the management of ITC Hotels and apprised them about the incident, but to no avail. Feeling aggrieved, she filed the complaint alleging deficiency in service on the part of the respondents, and sought a written apology from the ITC management as well as a compensation of Rs 3 crore for harassment, humiliation and mental trauma. Hotel ITC Maurya has been directed to pay the compensation of Rs 2 crore to the complainant within eight weeks from the date of receipt of the order copy.

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