SC Stayed Order Passed By NCDRC Directing ITC To Pay ₹2 Crore To Model Who Experienced A Botched Haircut

The Supreme Court has stayed on an order issued by the National Consumer Disputes Redressal Commission (NCDRC). The NCDRC had previously upheld a compensation award of ₹2 crores to an aspiring model who suffered a mishandled haircut at the ITC Maurya hotel.

The case, ITC Limited vs Aashna Roy, prompted ITC to file an appeal challenging the NCDRC's decision. Justices Aniruddha Bose and Sudhanshu Dhulia, comprising the bench, issued a notice to Aashna Roy, the respondent in the appeal. This marks the second time the case has reached the Supreme Court, as, in February of this year, the court nullified the initial compensation amount granted in September 2021, sending the matter back to the NCDRC for reevaluation.

After reviewing the case once again, the NCDRC reaffirmed its previous decision. The NCDRC's decision was based on the petitioner's submission of emails and applications for modeling and acting contracts, which supported the initial compensation amount awarded. As the initial order granting the award was issued in September 2021, ITC Hotels, the respondent, was instructed to pay the awarded amount along with 9 percent interest from that date. It is worth noting that the incident in question occurred in 2018.

On April 12, the petitioner, Aashna Roy, visited the salon at the ITC Maurya Hotel in New Delhi for a haircut, as she had an upcoming interview. Her regular hairdresser was unavailable, so another stylist was assigned to her. Despite requesting a simple haircut, the process took longer than expected. When Roy saw the result, she was shocked to find that the stylist had completely chopped off her hair, leaving only 4 inches from the top and barely reaching her shoulders. This outcome was contrary to her instructions.

Following the incident, the hotel offered Roy complimentary hair treatment, which she reluctantly accepted after persistent persuasion. However, after the treatment, she claimed that her hair became "hard and rough," and she experienced an itchy and burnt scalp. Roy sought assistance from the hotel staff regarding the matter, but she alleged that they were disrespectful, rude, and even threatened her.

Roy's attempts to address the issue with the management of ITC Group and Hotels proved unsuccessful. Consequently, she filed a plea, asserting that the opposite parties had provided deficient service. In addition to seeking a written apology from ITC Management, she claimed ₹3 crores in compensation, citing harassment, humiliation, and mental trauma.

The NCDRC rendered a verdict in favor of Aashna Roy, initially granting her ₹2 crores in compensation. The commission determined that the haircut she received at the hotel's salon, contrary to her instructions, resulted in the loss of potential assignments. This loss had a significant impact on her lifestyle and shattered her aspirations of becoming a top model.

Consequently, the NCDRC found ITC Hotels guilty of medical negligence in this matter.