Kerala man sues Ayurvedic company over false promise of hair growth, wins

Not a single hair grew I am still half bald The companys advertisement claimed their product would help grow lost hair naturally in six weeks said Francis Vadakkan 60 from Vylathur Thrissur district Kerala after winning a case against Keralabased ayurvedic company Ms Dhathri Ayurveda Private LimitedFrancis Vadakkan in 1995 with a head full of hairPresident of the District Consumer Dispute Redressal Commission Thrissur C T Sabu and two members Dr K Radhakrishnan Nair and Sreeja S found the products print and TV advertisement from 2012 misleading fined Malayalam actor Anoop Menon R10000 for endorsing a product he never used fined the company and the pharmacy from where Vadakkan bought the product Menon was directed to refrain from endorsing products he is not sure aboutVadakkans lawyer advocate A D Benny fought the case pro bonoI admire Menon so when I saw his advertisement in January 2012 about the hair cream I had no reason to not believe the claim and bought the product for R376 from a medical shop I followed the instructions in the products brochure I bought another bottle for the same price from the same shop But even after eight weeks of application not a single hair grew said VadakkanRelatives and neighbours would enquire with Vadakkan about his hair and he would feel humiliated He soon realised that Dhathri Ayurvedas claims were falseTo express my anguish and to inform the company about their wrong advertisement misleading the public I sent them a legal notice In response the company stated that I had no right to complain and threatened to sue me instead I felt insulted and I decided to fight and expose them said VadakkanSince Menon could not make it to Thrissur due to film shoots the hearing and cross examination were held at his Ernakulam residence a few years ago where I was present too The actor told the commission that he never used the product I felt cheated and dejected by the stars testimony Vadakkan addedThe hair problemVadakkan added Until 2002 I was a hirsute But gradually I started losing my hair and over the next few years I became half bald About the verdict he said I am happy The intent was never to fight for money but to spread awareness Every product advertised may not give the same result Other than my lawyer A D Benny I didnt get support from anyone else I will continue to fight even if the matter is challenged before the State Consumer Dispute Redressal Commission or the National CommissionAdvocate Benny 55 has been dealing with consumer cases for three decades He fought Vadakkans case on a pro bono basis Benny said The case went on for eight years The Commission gave the final written order on December 29 2020According to Benny The Commissions order is crystal clear and it has taken on record the testimony given by Menon wherein he stated I have not used the disputed product I am an LLB first rank holder I use the homemade oil that my mother makes for meBenny added that the Commission observed Nearly 90 per cent advertisements were misleading the public If there were no advertisements the product price would have reduced by half and consumers would have benefitedWhen asked about the long duration of the case Benny said Ideally the case should have been dealt with and heard within 90 to 150 days from the date of summons being accepted by the opponent parties But the pendency of cases increases due to various technical reasonsAccording to Benny On average around 1000 consumer complaint cases are filed annually in the Thrissur District Consumer Redressal Commission itself believed to be the highest number of complaints in the country This shows that the common people are aware of their rightsBenny added The parties concerned may challenge the matter before the State commission within 45 days As per this order they have to pay the fine to Vadakkan within 30 days from the date of written order and an additional 12 per cent for delayed payment Advocate Madhavan K who represented Dhathri Ayurveda and the shopkeeper did not wish to comment and disconnected the phone line