Delhi

East Delhi

CC/119/2019

SANGEETA - Complainant(s)

Versus

BODY CARE - Opp.Party(s)

19 Feb 2021

ORDER

6.5.2022 –  CC/119/2019

Through V.C.

By separate order the matter has been disposed off, by which complainant has been granted following reliefs: -

 

1. OP is directed to refund Rs.7500/- out of Rs. 12744/- to the complainant alongwith 9% interest from date of filing of this complaint,
2. to pay Rs.5500/- in totality as legal expenses and mental agony etc to complainant.

File be consigned to record room.

 

 

MEMBER                                           MEMBER                                           PRESIDENT

 

 

 

 

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 119/2019

 

	Smt. Sangeeta W/o Shri Nitin R/o Village Behta Hazipur P.S. Loni, Ghaziabad. U.P.   Presently residing at – A-149, Defence Colony, Bhopura, Ghaziabad, U.P.	….Complainant
Versus
	The Body Care Slimming & Beauty Clinic 29, Defence Enclave, Vikas Marg, Delhi 110092	……OP1

 

                                                         

 

Date of Institution: 03.04.2019

Judgment Reserved on: 13.04.2022

Judgment Passed on: 06.05.2022

                  

QUORUM:

Sh. S.S. Malhotra (President)

Ms.Ritu Garodia(Member) –on leave

Sh. Ravi Kumar (Member)

 

Order By:Sh. Ravi Kumar, Member

 

 

JUDGEMENT

1. By this order I shall dispose off the present complaint filed by the Complainant against OP. The Complainant in her complaint has contended that on the basis of advertisement of OP to reduce weight upto 10 k.g. for package of Rs.12,744/-, the Complainant opted for the same and  had paid Rs.500/-, Rs.2000/- & Rs.10,244/- thus totaling Rs.12,744/- to the OP. The OP assured the Complainant that she will lose her 10 kg. weight in 45 days and if any side effect is developed/caused then OP will return entire amount to her. OP provided therapy to the Complainant on 28.11.2017 through electronic equipments. However, on 30.11.2017 the Complainant suffered vomiting and giddiness/headache and felt internal problems in her stomach skin which was unbearable. The Complainant visited GTB Hospital and got the treatment from there and the Doctors informed that said problems have arisen due to the therapy given to her. The Complainant after the first therapy did not take any further therapy from the OP and requested to refund the amount with interest. However, the OP did not refund the amount. A legal notice dated 13.12.2017 was also sent to OP. However, OP neither replied to the legal notice nor refunded the amount. The Complainant has now prayed before this Commission to direct the OP to refund a sum of Rs. 12,744/- alongwith interest @24% w.e.f. 28.11.2017 till the actual payment, compensation to the tune of Rs.10,000/-, legal expenses Rs.11,000/- and pass any other order as deemed fit.
2. Notice was issued to OP on 19.8.2019 which was duly served. However, OP did not make appearance before the Commission nor filed its reply/evidence and OP was proceeded ex parte on 24.1.2020.
3. The Complainant filed her evidence by way of affidavit and exhibited advertisement as Ex CW1/1, cash memo of Rs.500/- dated 27.11.2017 as Ex CW1/2, cash memo of Rs.2,000/- dated 28.11.2017 as Ex CW1/3, cash memo dated 28.11.2017 of Rs. 10,244/- as Ex CW1/4, emergency registration card issued by GTB Hospital as Ex CW1/5, copy of legal notice dated 13.12.2017 as Ex CW1/6, two postal receipts of speed post and registered post both dated 13.12.2017 as Ex CW1/7, two tracking reports of the postal department as Ex CW1/8 & as Ex CW1/9.
4. This Commission has gone though the documents on record and heard the arguments of the Complainant in person. No arguments were put forth by the OP.

On the advertisement placed by the OP as CW1/1, the Complainant was induced to have weight lose therapy of 10 Kg. from OP and the total cost of the package was to Rs.12,744/- which was paid by Complainant as per CW1/2 - CW1/4. The therapy was given by the OP to the Complainant by way of electronic equipments on 28.11.2017 and after that the Complainant suffered from vomiting/giddiness/headache and problems in her stomach skin and she went for treatment at GTB Hospital on 30.11.2017 as per CW1/5 where she was given treatment. The Complainant thereafter did not go for further therapy with OP and requested for refund of amount as it was agreed that in case of any problem the amount will be refunded to her. However, this did not happen and the amount was not refunded by OP to her. The Complainant had availed the services of OP as above, however, due to adverse effect in the therapy used by the OP for reducing the weight the Complainant suffered from medical problems. The OP despite the service has neither appeared/filed any evidence nor argued the matter. The Complainant is able to establish her case.

Perused. Considered.

Although there is no direct evidence filed by the complainant w.r.t. suffering from certain health issue on account of this treatment yet one fact is clear that despite informing the OP, by the complainant orally as well as through legal notice, that she would not take further treatment, the OP did not respond. The fact that complainant has not taken any treatment after first sitting with the OP qua this treatment has not been repudiated by OP.  Therefore, complainant has been able to establish that there is some deficiency on the part of OP. Although she has not been able to prove that such treatment has adversely effected her health issues, yet she has also been able to prove that despite not availing complete treatment, her balance amount was not refunded as assured. In totality to meet the justice this Commission held OP liable for deficiency in service w.r.t. not returning the balance amount.

Accordingly, the complainant is partly allowed and OP is directed to refund Rs.7500/- out of Rs. 12744/- to the complainant alongwith 9% interest from date of filing of this complaint, to pay Rs.5500/- in totality as legal expenses and mental agony etc to complainant.

5. This order be complied with within 30 days from the date of receipt of the order.
6. Copy of the order be supplied / sent to the parties free of cost as per rules.
7. File be consigned to Record Room.

 

 

•  

(Ritu Garodia) Member

(Ravi Kumar) Member

(S.S. Malhotra) President