Consumer court awards ₹1.25 lakh to Sikh woman forced to cut hair after salon botched treatment

The Hyderabad District Consumer Disputes Redressal Commission (DCDRC) recently ordered a hair salon to pay ₹1 lakh as compensation, apart from ₹25,000 as costs, to a woman who was forced to cut off her hair after a botched hair treatment.

The woman told the consumer court that her hair became matted and tangled after the treatment to the point where she was left with no option but to cut her hair, which went against her religious beliefs as a Sikh.

The coram of President Uma Venkata Subba Lakshmi and Member Lakshmi Prasanna found that the consumer had produced sufficient documentary evidence to show that her hair became a "lump" after the hair spa services at the salon.

"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 passed on a complaint by Jasleen Kaur who submitted that she came from a devout Sikh family. She pointed out that one of the core tenets of Sikhism is the significance of "Kesh," or unshorn hair and that cutting one's hair could lead to severe religious consequences.

For over eight years, Kaur regularly visited other salons such as Naturals and Mirrors for hair treatments without any issues, she said.

However, issues arose after she sought treatment from a luxury hair salon and spa named "Naoki" in Jubilee Hills, Hyderabad.

Kaur first visited the salon for a hair spa treatment on June 11, 2023, but faced issues with tangling during the treatment. The salon's staff said that this was due to her long, thick hair. After a lengthy detangling process, the staff apologized and invited her back for a luxury experience.

On July 13, 2023, Kaur returned to the salon for the spa treatment, where the staff assured her that the products used would not harm her hair.

However, during the treatment, her hair became matted and tangled, and the staff struggled to resolve the issue. Despite attempting various products, the staff eventually suggested cutting her hair, which she refused due to religious beliefs.

After three hours of distress, Kaur consulted a dermatologist, who indicated that the damage was likely due to the chemicals used during the treatment and recommended cutting the matted hair. Subsequently, she had to cut her hair at another salon, which left her feeling devastated.

While the salon refunded her payment, no further explanation was provided for the incident. She felt that her religious and personal identity was compromised and vented her feelings on social media. Following her posts, she received communications from the salon's representatives, which said revealed a lack of expertise in hair care.

She also argued that the salon staff's use of Davines India products during the treatment without first testing them on her hair reflected the salon's gross negligence.

She contended that her right to practice her religion had been violated, as she was forced to cut her hair due to the treatment. The experience also affected her studies and professional life, leading her to seek psychiatric help, the consumer forum was told.

Despite sending legal notices to the salon and its representatives, they failed to respond, prompting Kaur to file a consumer complaint before the district consumer forum in Hyderabad. She sought ₹2 crores as compensation for deficiency of service and medical negligence. Additionally, ₹50 lakhs was sought as compensation for the harassment, humiliation, and mental trauma suffered she suffered.

Apart from the salon and its owner, Davines India was also impleaded as a party to the matter.

The consumer court noted that while it was true Kaur's hair was damaged due to the faulty service provided by the salon, it was also important to note that she used social media to tarnish the image of the opposite parties before filing the complaint.

This factor cannot be overlooked when determining the amount of compensation to be awarded, it added.

The consumer forum also concluded that no case for negligence has been proved against Davines India. Therefore, the complaint against the beauty brand (Davines) was dismissed.

Consequently, the consumer court ordered only the salon and its proprietor to jointly pay a total of ₹1.25 lakhs as compensation (including costs) to the woman.

Advocate Ranjan Matthew appeared for the complainant. Advocate P Srinath represented the salon and its proprietor. Advocate Pragathi appeared for Davines India.

[Read Order]