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

Francis Vadakkan

Not a single hair grew, I am still half bald. The company's 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 Kerala-based ayurvedic company M/s Dhathri Ayurveda Private Limited.

Francis Vadakkan in 1995 with a head full of hair

President of the District Consumer Dispute Redressal Commission, Thrissur, C T Sabu, and two members Dr K Radhakrishnan Nair and Sreeja S found the product's print and TV advertisement from 2012 misleading, fined Malayalam actor Anoop Menon R10,000 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 about.

Vadakkan's lawyer, advocate A D Benny fought the case pro bono

"I 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 product's 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 Vadakkan.

Relatives and neighbours would enquire with Vadakkan about his hair and he would feel humiliated. He soon realised that Dhathri Ayurveda's claims were false.

"To 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 Vadakkan.

"Since 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 star's testimony," Vadakkan added.

The hair problem

Vadakkan 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 didn't 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 Commission."

Advocate Benny, 55, has been dealing with consumer cases for three decades. He fought Vadakkan's 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, 2020."

According to Benny, "The Commission's 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 me."

Benny 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 benefited."

When 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 reasons."

According to Benny, "On average, around 1,000 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 rights."

Benny 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.