Complainant through Representative Shri. S. V. Phatak
Opponent absent
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Per : Mr. V. P. Utpat, President Place : PUNE
// J U D G M E N T //
(24/01/2014)
This complaint is filed by the consumer against service provider for deficiency in service under section 12 of the Consumer Protection Act, 1986. The brief facts are as follows,
1] The complainant is a resident of Kondhwa Khurd, Pune – 48. The opponent is running Gymnasium named “Ego Wellness”, near Ruby Hall, Pune – 1. The complainant’s body weight was 110 kgs. and he wanted to reduce his weight. He saw advertisement of the opponent in news paper and visited “Ego Wellness” i.e. Center for weight loss, for getting reduction in weight. The opponent introduced herself as Centre Head of the said “Ego-Wellness” and she lured the complainant by giving false assurances that she will be giving him different types of world class service for weight reduction. She made him to pay an amount of Rs. 25,000/-, even though the advertisement is showing that fee of Rs. 599/-. The said advertisement was published in daily news paper i.e. ‘Pune Mirror’ dated 28/12/2012. The payment was made through credit card. The opponent had issued tax invoice. The tax invoice was as regards total amount for the package Rs. 22,250/- + service tax of Rs. 2,750/-. The complainant attended two sittings on the stimulating machine and on the third sitting his weight was increased by 1 kg., so the staff of the opponent had put some nylon strap around his stomach and the complainant was made laid down in a room. One machine was operated, door was closed and the attendant went away. After some time, the nylon strap started heating up and the complainant’s stomach started getting unbearable heat. He pressed the alarm bell several times for his help and rescue, but nobody came to rescue him.
The complainant was profusely sweating, hence he started to shout loudly for 7-8 minutes, but nobody came to stop the machine. Due to heavy heat and sweating, he was very scared and got acute pain on the left side of his chest. He himself pulled out the nylon strap and came out of room. His stomach had become red and there were boils on his stomach. He showed that to the Supervisor of the opponent, but instead of applying any “first aid”, he said that those will go away.
2] The Staff of the opponent applied gel from two containers and the complainant was told to apply the said gel daily. The price of the said gel was Rs. 2,000/-. The complainant did not get receipt for the said payment. Thereafter the complainant had visited doctor for check up and thereafter he was admitted in the hospital for chest pain and high blood pressure. The complainant narrated the incidence of his bad experience to the opponent and informed that he would like to discontinue the treatment because of negligence and pathetic service. He has claimed refund of Rs. 27,000/-. The opponent assured to refund the amount within 15 days. But no amount was refunded. The complainant and his mother visited the office of the opponent several times, but they did not get refund of money. Hence, this complaint is filed for deficiency in service and for compensation and cost of the litigation.
3] The opponent appeared through Advocate, but failed to file written version. Hence, the complaint proceeded for hearing without written version against the opponent. The complainant has filed affidavit in support of the allegations made against the opponent. He has also filed documentary evidence, such as advertisement of the opponent, which was published in ‘Pune Mirror’ dtd. 28/12/2012, receipt of the payment of Rs. 25,000/-, copy of the complaint made to Bund Garden Police Station and office copy of the notice.
4] The allegations, which are levied against the opponent remained unchallenged and corroborated by documentary evidence, such as receipt of payment of fee made to the opponent. It reveals from the contents of the complaint that the opponent has not provided proper service to the complainant and instead of getting service; he had suffered a lot due to ill treatment given by the opponent. The evidence, which is produced by the complainant goes unchallenged; hence it should be held that it is not rebutted by the opponent either by filing written version or by any documentary evidence. In these circumstances, this Forum has no alternative but to hold that the opponent has caused deficiency in service. The complainant is entitled for refund of money as well as compensation for physical and mental harassment and cost of the litigation. The complainant has claimed an amount of Rs. 27,000/-, which was paid by him, interest on the said amount and charges for mental and physical suffering and cost of the litigation to the tune of Rs. 14,000/-. This claim does not appear to be unreasonable. Hence, this Forum is of the opinion to allow the complaint in toto. In the result, the following order is passed.
** ORDER **
1. Complaint is allowed.
2. It is hereby declared that the opponent
has caused deficiency in service by not
refunding amount of fee and not providing
proper services to the complainant.
3. The opponent is directed to pay an amount
of Rs. 41,000/- (Rs. Forty One Thousand
only) to the complainant within six weeks
from the date of receipt of copy of this order.
If the amount is not paid within stipulated
time, it shall carry interest @ 9% p.a. from
the date of filing of the complaint till its
realization.
4. Copies of this order be furnished to the
parties free of cost.
5. Parties are directed to collect the sets,
which were provided for Members within
one month from the date of order, otherwise
those will be destroyed.
Place – Pune
Date- 24/01/2014
