Dr. A. Malik v. S.R. Aesthetic
Consumer Protection – Misleading Advertisement – Deficient Beauty Services – Compensation of Rs. 10 Lac Awarded
Factual Matrix
The complainant approached the respondent beauty parlour for specialized aesthetic services for a highly significant personal occasion. The services were engaged based on advertisements, promotional material, and representations regarding expertise and quality. However, the results were alleged to be far below the promised standard. According to the complainant:
- 01
The outcome was materially different from what had been advertised.
- 02
Marketing assurances were found to be misleading.
- 03
The substandard services caused immense mental agony and irretrievably marred a once-in-a-lifetime event.
Legal Consideration by the Consumer Court
The Islamabad Consumer Protection Court examined whether the representations amounted to misleading advertisement, whether there was a deficiency in service, and whether the complainant suffered compensable harm. The Court noted that consumer protection jurisprudence requires services to correspond with the quality held out to the public. Any material deviation constitutes an unfair trade practice.
Findings & Award
The learned Consumer Court held the respondent liable for:
- 01
Misleading representation and deficiency in service.
- 02
Causing significant mental agony and emotional distress.
In view of the gravity of the ruined occasion, the Court imposed a penalty and awarded compensation amounting to Rs. 1,000,000 (Ten Lac Rupees) to the complainant.
Legal Significance
This decision reinforces that advertisements create enforceable expectations. Service providers in the beauty industry are fully accountable under consumer law, and emotional distress caused by the loss of a special occasion is a legally cognizable injury.