Delhi

West Delhi

CC/18/225

USHA RANI - Complainant(s)

Versus

DEVYA SOOD - Opp.Party(s)

13 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-III: WEST

C-BLOCK, COMMUNITY CENTRE, PANKHA ROAD, JANAK PURI

NEW DELHI-110058

 

Complaint Case No.225/2018

 

IN THE MATTER OF:

 

Mr. Usha Rani

W/o Late Sh. Raj Kumar,

R/o BG-5/65A, Paschim Vihar,

New Delhi - 110063

                                                                                         ...Complainant

 

Versus

 Ms. Divya Sood,

Prop. Of  M/s Body care,

(Slimming & Beauty Clinic for Men and Women)

A-15, Vishal Enclave,    

1^st Floor, Rajouri Garden,

New Delhi-110027.                                                                      …Opposite Party

DATE OF INSTITUTION:    JUDGMENT RESERVED ON:           DATE OF DECISION:

01.06.2018 27.02.2023 13.03.2023

 

CORAM

 

Ms. Sonica Mehrotra, President

Ms.Richa Jindal, Member

Mr. Anil Kumar Koushal, Member

Present: Mr. Y.K.Dubey, counsel for the complaint.

               OP Ex parte.

 

ORDER

Per: Anil Kumar Koushal, Member

 

For the sake of brevity, the following facts of the case  are noted hereunder:

1        Complainant states that  OP is  running  a Slimming & Beauty Clinic for Men and Women  at the aforesaid address.  The complainant received phone calls frequently in the first and second weeks of July 2017 to join Body Care Slimming & Beauty Clinic run by OP for weight loss and she was requested to visit OP’s office. The complainant visited OP’s clinic on 20/07/2017 and met her  and one  Ms. Ekta,  where the OP offered the complainant a scheme for "10 kg weight loss + 10 Tummy-tuck" and suggested the complainant to join the scheme @  monthly charges of Rs. 1,450/- The complainant accepted the aforesaid offer of the OP and made a cash payment of Rs.1,000/- on her first visit i.e. on 20/07/2017 vide Receipt No. DHS-17-18/ 214.

2.       The complainant again visited  OP’s clinic on  22/07/2017 and as per the agreed terms, she requested  employee of the OP namely Ms. Ekta to take the balance payment of Rs.450/- towards the first month charges and handed over her debit card of Central Bank of India. However, the said employee of the OP deducted Rs. 17,000/- from the complainant's debit card of Central Bank of India without her consent and issued another Receipt of the same amount.   The  complainant  objected to this  and sought refund of the excess amount but the same was not  refunded to her. Complainant visited the office of OP again on 23/07/2017 but OP  refused to give the refund of excess amount so withdrawn in an unauthorised manner. The complainant was requested  by the OP to start the treatment /exercise for which the complainant was asked to lay down on a machine where the complainant had severe pain in her stomach due to the treatment and the complainant refused to take such treatment. Thereafter, the complainant was shifted to another bed and mud therapy was started but the complainant was feeling very uncomfortable during the mud therapy too. The complainant called OP's employee 2-3 times and became unconscious for about half an hour. Thereafter the complainant was not aware what happened during the period of unconsciousness. Complainant states that she  was not given proper treatment even after her consciousness. As such the complainant was very much scared of the treatment provided by the OP and again requested to refund the entire amount as the complainant was not at all satisfied with the treatment given in the clinic of the OP for weight-loss and the OP also deceitfully withdrew/ debited total amount of   Rs.17,000/-in place of Rs.450/- without her consent. Thereafter the complainant has never taken any treatment or continued availing OP's services anymore due to fear. However, the complainant requested the OP several times through phone and even visited  her clinic for getting refund of the amount illegally withdrawn from the complainant's debit card of Central Bank of India but no refund has been made till date. However,  the OP insisted the complainant again and again to book the appointment and avail the package for weight-loss.  Finding no other way, the complainant got issued a Legal Notice dated 03/04/2018 demanding refund of Rs.18,000/-  illegally debited from her Debit Card  along with  compensation for harassment, mental agony and mental & physical injuries caused by the deficient services of the OP. But no response from the OP  has yet been received.   Ultimately, for not getting refund of the amount illegally withdrawn  from her account, the complainant was forced to file the present complaint.   The complainant  makes the following prayers:

 

S.no.	Particulars	AMOUNT
I	Refund of amount paid & debited	18,000/-
Ii	Compensation for Deficiency in services & Unfair Trade practice causing harassment, mental agony as well as mental & physical injuries.	50,000/-
Iii	Litigation cost	10,000/-
	Total amount	78,000/-

 

3.       The complainant filed with the complaint copy of Cash Memo No.DHS-17-18/214 for Rs.1000/-, Cash Memo No.DHS-17-18/232 dated  22.07.2017 in the sum of Rs.17,000/- paid through debit card, legal notice dated 03.04.2018.

4.       Upon admission of the complaint on 06.06.2018, notice was issued to the OP.  On 20.08.2018, counsel for the OP put in appearance, filed  his vakalatnama and sought time to file the written statement.  However, later on the written statement within the statutory period  was not filed nor  the OP was represented  and accordingly vide order dated 05.12.2018 was proceeded against ex parte.

5.       Ex parte evidence was filed by the complainant and she exhibited the documents filed on record.  Written arguments were filed  by the complainant.  Oral arguments were  heard on  27^th February, 2023.  During arguments, counsel for the complainant submitted  that the payment of Rs.17,000/- was made through debit card.  Though the OP has issued a receipt for the sum of Rs.17,000/-  but  it was not clear whether the  amount was debited from  the account of complainant or not. Therefore, Counsel for the complainant  was directed to place on record the proof of debit of the amount from the account of the complainant.  Counsel for the complainant has filed a statement of account of Central Bank of India where the complainant is maintaining her account  which shows that the amount of Rs.17,000/- was debited from the account of complainant on 22.07.2017.

6.       Having gone through the documents  filed on record and the arguments advanced by counsel for the complainant, since there is no rebuttal to the averments of complainant, we  hold that the complainant has made out a case of  unfair trade practice followed by the OP by deducting Rs.17,000/- from the debit card  of the complainant in place of Rs.450/-.   We agree with the complainant that the package was taken by her initially for a month only  and accordingly offered to pay Rs.1450/-  on monthly basis depending upon the efficacy of the treatment.  However, the complainant was cheated of her money  by Rs.16,550/- in excess of what was promised.  Further the complainant had taken treatment  only for one day and that too she had to leave in between as she fell unconscious because of wrong treatment given to her.  Therefore, the OP was not  entitled to charge Rs.18,000/- for the whole package unauthorisedly.    Accordingly, we hold that the OP has indulged in unfair trade practice by charging Rs.18,000/- from the complainant for the whole package in advance.  The complaint is allowed and the OP is directed to refund the amount of Rs.18,000/- to the complainant.  The OP shall also pay to the complainant Rs.7,000/- towards mental harassment and Rs.5,000/- towards litigation expenses.  Let this order be complied with by the OP  within thirty days of receipt of copy of this order.

A copy of this order shall be supplied free of cost  to parties to the dispute in the present complaint,  upon a written requisition being made in writing  in the name of President of the Commission in terms of Regulation 21 of the Consumer  Protection Regulations, 2020. 

File be consigned to record room.

 

        (Richa Jindal)                                                       (Anil Kumar Koushal)                                                               (Sonica Mehrotra)

      Member                                                                   Member                                                                                   President