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Nystagmus and low vision patient given wrong glasses and ill treated

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Location/place: Kolkata

Name of company/service: Himalaya Mega Optical Store,bowbazar,kolkata

I, Neha Choudhury, 3rd yr law student, 19 yrs, am a patient of nystagmus since birth. I am 30% visually impaired. My vision was 6/60when I was born. I could not read even the first letter in the optician’s chamber. I am wearing spectacles since I was two n half yes old and am under the treatment of Dr.P.K.Chatterjee. I have always taken the glasses (for past 16 years) from Himalaya Optical (Bowbazar Branch)

I am totally dependent on my spectacles for the smallest chores. My glasses have angles and the angles should be placed at perfect place otherwise, I cannot see.

In the past two months I had to suffer like anything. In this duration I met with three accidents (one at Ballygunje crossing where I fell down while crossing as I was unable to see) and also started suffering with migraine pain ( which I never had before). I consulted my doctor and went for checkups on two consecutive Mondays but my power was same. I and my team of doctors cannot understand why I was having a problem. I was almost into tears that after 18 years of effort my vision had improved 6/18 but still I was unable to read anything. All my courage was shaken. I have never opted for a handicapped certificate as I always took myself as equal but this time I was totally broken. Thereafter, my glasses were examined by my doctor and his team and the fault was discovered in the glasses, the angles not being at perfect places and the frame size prescribed was not the same on Monday (14.12.09)

As usual I had taken my spectacles from Himalaya Bowbazar branch on19.09.09 (power left eye :-2deql 160degree, right eye:-2deql 35degree and PD: 57mm)

I went to Himalaya on Tuesday (15.12.09) and was attended by some Brijesh representing himself as the departmental head. After many arguments they accepted their fault and agreed to supply me a new set of glasses with appology letter on Thursday evening. I told them I would not pay them as it was their mistake.

I could not turn up on Thursday(17.12.09) and went there on Friday(18.12.09) at 11am. Brijesh maintained that he will not deliver the glasses as he needed to verify it from my doctor. I think I had given enough time which could have been inclusive of verification period . Moreover they did not inform me and I had to take all the trouble to go there(that to without glasses). They maintained they did not have my number but it was surprising as I was 16 yrs old customer plus I often receive sms about various discount offers at my mobile number from their shop.

They spoke to me in a very inhumane way and refused to give the apology letter and demanded for the full payment. They failed to understand the pain and problem which I had to face. Brijesh maintained that “You are putting swords on our neck” when I pointed out about the accidents and the migraine pain and added that I was blaming them for no reason. They did not even have the courtesy to speak kindly to a girl who had this grave problem and suffered so much for their negligence.

Moreover, it seems that the owner of the branch is sleeping and is just ignorant to apologize.

I beg you to help me raise my voice against this negligence which could have cost me my life through your reputed forum

Comments

20 responses to “Nystagmus and low vision patient given wrong glasses and ill treated”

  1. bijayshree begwani Avatar
    bijayshree begwani

    it is really heartening to know that you suffered so much .istay in kolkata and wear specs,your experience is an eye opener,i’ll never buy from that optical shop and see to it that no one from my family does.my good wishes are with you.may you get justice dear friend.

  2. Anand Vats Avatar
    Anand Vats

    Hi Neha

    Greetings to you . I would like to wish you all the best . As i also do wear specs and i can understand you in a better manner.I really support your voice against the negligence.These people seems to be highly irresponsible and strict action shall be taken against them . Keep It up Neha.

    B.r

    Anand Vats

  3. shikha gupta Avatar
    shikha gupta

    its a grave prblem dese ppl set u through..i think u shud tk dis to d owner of himalaya..cz i believe its quite a reputed optical showroom n mistakes on d staff’s side is causing nthng but inconvienience to d customer n a bad name to d brand,,rest u tc

  4. aakash chowdhury Avatar
    aakash chowdhury

    as far as i know neha did her best to contact the owner but sad to say it fell on the deaf ears. I have seen her suffer in the past few days . she is a brave girl, a fighter and i am sure she will get justice. Wish her all the best.

  5. NIDHI SINGHANIA Avatar
    NIDHI SINGHANIA

    Wat a negligence from the staff members of the HIMALAYA OPTICS….
    Is this the way they claim to b one of the best eyeware outlet!!!N is this the way they take care of their customers n their needs..
    A strict action should b tken against them to teach them a lesson so that they tk their customers sincerely..Its like v r trusting on them, gvin them money for their services n wat do they gv in return!!!! A service n behaviour as this!!
    Neha u go forward n contact the owner of the concerned outlet…N foremost teach the staff a lesson who cant understand the problem of a prsn…
    Wat i can do as a prsn is, i wil tel evry1 ,i know, nt to purchase eyeware from HIMALIYAS… So, that others also dont suffer due to the idiotic behaviour n irresponsibility of theirs…
    TAKE STRICT ACTIONS AGAINST THEM …
    WE R WITH U..
    BEST OF LUCK….

  6. sunita jain Avatar
    sunita jain

    i m a nystagmus patient.i can understand d problem,neha is facing or has ever faced.it is not a small matter .neha must hav worked hard to reach her present vision.may god be with this complainant.
    good luck

  7. vivek jain Avatar
    vivek jain

    its realy a sad incident that happened with u neha.well dont worry we are all with you.and all i can do is to lend u my voice and also tell my friends and ask them to forbid their known ones from having any purchases from himalayas…
    well strict actions must be taken against them.we are with you….tk cre…we are all proud of you..

  8. diwakar jain Avatar
    diwakar jain

    it really angered me on hearing about this incident.well we are with you and do let us know if you need any help.well strict actions must be taken against these.we are with you…tk cre..

  9. Richa Dudhoria Avatar
    Richa Dudhoria

    Hey neha,
    I hope you are fine now. tc of urself. it is very devastating to know such things. please lodge a complaint against them at consumer court as they deserveto be dragged there. we are always there for your help n support. pls tc.

  10. NIKITA S Avatar
    NIKITA S

    This is really sad to know such negligence has been done by an eyewear shop which is so reliable and reputed eyewear shop as eye is the most esential and delicate part of our body.i hope the staff admits his fault and apologise to u and full justice is given to you

  11. Neha Avatar
    Neha

    Dear Neha,

    It is really frustrating n infurating, watver you had to go through. I will do everything i can to keep the others informed n this is a wake up call for all the inhuman people, who despite showing their empathy, blame you for the problem, which was caused by them in the first place. take the necessary actions, i dont have much idea about it, but make sure they are punished. It is absolutely unpardonable. take care of yourself & i know you from a long time, you are a really brave soul. Never be disheartened. You have a long way to go.

    all my love,
    neha

  12. poonam singhi Avatar
    poonam singhi

    cases of negligence are not new in our society but raising voice against them is definitely rare and comendable…i appreciate your efforts neha and hope justice would be done to u..go ahead with a consumer case and i will ensure on my part whatever help i can give u..

    Regards,
    Adv. Poonam

  13. Prakriti Goenka Avatar
    Prakriti Goenka

    negligence of customer’s grivances s increasing day by day…but protesting for one’s right nd justice s a gr8 nd a brave thing…neha u hav done a gr8 job by letting oders knw abt dis incident…i hope ur efforts wont go wasted…i m with u…

  14. manoj Avatar
    manoj

    I am a regular customer of Himalaya optical Bowbazar.I never had a bitter experience there.There service r extremely good and customer friendly.Neha talk to them they will really give u solution….

  15. b.jain Avatar
    b.jain

    neha has tried her best to talk to d ppl at himalayas but they do not hav courtesy to say sorry to a nystagmus patient.there r only 23 known nystagmus patients in India,but sad 2 say her optician did not realise his fault.her vision to the world r her specs. doesn’t she deserve a sorry?………….
    shameless himalaya..i must say…..

  16. mariam fatima bibi Avatar
    mariam fatima bibi

    i am with this little girl of all 19 yrs,who had to undergo so much. if these people cannot serve a 30% visually handicap girl with care and soberness,then they have no right to call themselves “human”. people with disability have full right as any other……may allah give you courage to fight these rogues.

  17. himalaya Avatar
    himalaya

    Respected Nehaji

    This is in reference to your mail dated 27 Dec 2009, where in you have stated your grievance experienced at one of our shop. I am feeling sorry about the incident which took place in the outlet as expressed by you over the mail. Based on your mail received on Dec 27, I have instructed my shop people to get back to me with complete details of your order as mentioned in the mail. As Dec 27 and Dec 28 being holiday, i was unable to get the details completely.

    I have asked my people to provide me with the complete information (like the Order No, Frame detail, Lens Detail, Measurements detail, Previous power detail, Current Power detail, exact nature of problem experienced by the customer in the new glasses etc) of your order for complete understanding of the facts and figure.

    Meanwhile I request you to have patience and faith on your optician who has been serving you for such a long period of time without any difficulties or bad intention.

    Best regards

    Sarat Binani

  18. Kaushik Ghosh Avatar
    Kaushik Ghosh

    Dear Nehaji,
    I have read the article & got astonished by the incident.I’m a regular customer of Himalaya Opticals Bowbazar branch & they have a reputation as they are a leading chain in the optical field in our country.As per my knowledge goes,these people are concerned about the fact that they are dealing with the most delicate & soft part of our body.
    After reading this in this website,it seems that there is some kind of communication gap or mis-communication between you & the company.As you,yourself have mentioned that you are a 16 yrs old customer of himalaya,so how cud Mr.Brijesh argue with you,if the fault lis in their part ?
    The company which served you well for 16 years, you should have faith in the company.
    You have also said that you met 3 accidents at 3 different places.Have you lodged a complain at the police station about it ? Do you have a copy of FIR ? If you met these accidents,you sud have gone to the doctors after that.So,do you have any papers ? How could you prove that what you are saying,are true ??
    Plz dont mis-understand me.These are the questions that struck me as I have experiences of many consumer cases.
    I , myself passed law at the year 1990.
    And the last thing I want to say,that there is a term in law called CAVEAT EMPTOR.As you are a law student ,I know that you are aware of this term.
    I believe what Mr.Sarat Binani said that he would find out a solution,you should have patience.
    I strongly feel that there is a communication gap & the result will be sorted out soon.
    All the Best.
    Kaushik Ghosh.
    Advocate.

  19. Neha Choudhury Avatar
    Neha Choudhury

    Saratji, thank you, so much for your positive reply. I consider you as a “man of words” who wou;ld definately pay heed to my plea and stick to his words. The very first day after the fault was discovered I wanted to contact you but when I requested this to Brigesh and the other staff, I do not remember his name, they maintained that it was not possible. I somehow got your email id and contacted you and now as you are assuring me I am sure you will do something about this.

    Sir, you have asked me to keep paitence and paitence have been my virtue since the time I was born, a 65% visually challenged girl like me was born with a vision of 6/60 and whose vision has now increased to 6/18(presently 30% visually impaired)is due to my paitence and hard work. This virtue of mine has kept me going. But sir, paitence can also be maintained to a limit. May I please know the specified time upto which I should have paitence.

    I was shocked that Himalaya could supply me with improper spectacles, but what has hurt me the most is the behaviour of Brigesh and the hard words he used against me, and I am a customer of this branch prior to the date when this Mr. Brigesh even joined Himalaya. Don’t a disabled girl like me have a right to complain.Don’t I have a right to be spoken politely to.Can’t I be treated as an “equal”.

    I am just a teenager who has full faith on an elderly figure like you.But I simply want to know the time till when I should have paitence. Waiting for your reply.

  20. Neha Choudhury Avatar
    Neha Choudhury

    Reply to Mr. Kaushik Ghosh
    __________________________

    Definitely Sir,I am aware of the term “Caveat Emptor” but sir there are certain exceptions to this ‘principle of law’also which are:-

    1)The buyer should make known to the seller the particular purpose for which the goods are required-Himalays to whom I have been associated for sixteen years knows the particular purpase, I am a nystagmus paitent requringspectacles with perfect angles.

    2)By such disclosure, the buyer had relied on sellers skill or judgment- needless to mention that a sixteen years old customer is bound to rely on what his/her optician is claiming to be the ‘best frame’ and the ‘best type of lense’ for him/her.

    3)The goods must be of a description which is in the course of seller’s business to supply- Himalaya is one of the leading dealers in the ‘optic world’ and it is very much in their course of business to supply all types of ordinary and special lenses to the customers

    and, as far as the evidence of F.I.R or other proofs concerning my accidents are concerned I would not like to disclose it in a public forum and as you are a ‘man of law’, you will understand this better

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