Ms. NIPUR CHANDNA, MEMBER
- Present complainant has been filed by complainant seeking direction to OPs to refund Rs. 1,22,000/- with interest, cost and compensation.
- In brief the facts are that being influenced by the lucrative advertisement of the OP complainant approached OP for his weight loss. The OP informed complainant that by mesotherapy process cellulite from his body will be eliminate which help him to the weight loss.
- It is stated that the complainant being overweight person believing upon OP with hope to get reduce his weight took service package of weight loss on 25.09.2010 by paying a sum of Rs. 2,000/- in advance as against total consideration price of Rs. 40,000/-. Due to family responsibility and personals reasons complainant couldn’t start the treatment.
- It is further stated that after three years complainant approached OP on 23.08.2013 and undergone the treatment of weight loss from OP for a total consideration of Rs. 23,000/-. Complainant paid Rs. 5,000/- in advance and balance amount was to be paid during the treatment. During the treatment complainant further pay Rs. 15,000/- on 11.12.2013. During the course of the treatment the OP succeeded in convincing the complainant to further pay then service package would be more richer including weight loss of tummy of 15 Kg and over all body 15 Kg hair treatment lower tummy etc., and as such complainant paid a sum of Rs. 55,000/- to OP on 12.12.2013.
- As per the new package OP started its treatment. During the treatment several injections were given in several part of body to the complainant and also given several oral pills. Complainant felt uneasy on account of treatment and made complaint to OP. It was noticed by clinical staff that the treatment of weight loss and hair treatment were giving harmful result, even though head staff of OP always persuaded complainant that the positive improvement would be seen in few days.
- It is stated that after getting regular treatment since 11.12.2013 complainant couldn’t not found any improvement either in weight loss or in hair treatment. Then again OP started to persuade complainant to take the advance course treatment which would certainly reduce the weight. Having no other option except to opt for advance course treatment to reduce the weight. Complainant further paid Rs. 6,000/- on 05.09.2014 for one sitting, again on 15.09.2014 he paid Rs. 15,000/- for three sitting and lastly paid Rs. 5,500/- on 07.10.2014.
- It is stated that even after paying more than Rs. One lakh to OP weight of the complainant didn’t reduce and no improvement was found in the hair treatment, rather tumour developed in the stomach of the complainant at lower side as a result of side effect of the treatment given by OP.
- It is further alleged that due to the wrong treatment of OP complainant suffered tumour and there is no reduction in his weight and the hair treatment result in further deterioration of the hairs as such OP is duty bound to return the entire fee and pay compensation to complainant for wrong treatment and physical complications. It is further stated that Op has to compensate to complainant for giving physical and mental pain by using injection and medicine for no gain (Either in weight loss or hair transplant).
- It is stated that complainant also issued legal notice dated 04.11.2015 to OP demanding refund of entire fee of Rs. 1,22,000/- but same couldn’t fetch any result.
10. Notice was issued to OP, who failed to file its written statement, therefore, vide order dated 06.07.2017 right to file written Statement of OP stands closed. Due to non appearance the OP was also proceeded ex-parte by our Ld. Predecessor Bench vide its order dated 07.05.2018.
11. Complainant has filed his Ex Parte evidence by way of affidavit reiterating contentions of his complaint.
12. We have heard Ld. Counsel for complainant Ms. Vaishnavi and have perused the record.
13. In substance the main grievance of the complainant is that he took weight reduction and hair improvement treatment from OP however same was found to be ineffective and instead the complainant faced side effect of the said treatment, which caused other physical complications weight gain and deteriorating of hair upon head.
14. Complainant has placed on record Pamphlet describing services offered and payment proof of Rs. 1,22,000/- and legal notice dated 04.11.2015 in support of his contention.
15. Complainant has failed to place on record any documentary evidence which shows that the treatment given by the OP is wrong and the complainant instead of getting benefit from treatment had put on the weight and the hair condition started deteriorated instead of improving. The complainant has also failed to place on record any medical treatment record in respect to his contention that due to the treatment of OP complainant had tumour in his stomach.
16. In view of the above discussion we are of the considered opinion that due to lack of documentary evidence complainant failed to establish the case of deficiency in service against OP. We therefore find no merit in present complaint, same is hereby dismissed.
17. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.
Order be uploaded on www.confonet.nic.in. File be consigned to Record Room.
Announced in open Commission on 05.04.2024.
(SANJAY KUMAR ) (NIPUR CHANDNA)
PRESIDENT MEMBER
