DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 399/2016
D.No- ___________________ Date: ________________
IN THE MATTER OF:
Smt. SHAKTI SHARMA W/o Dr. KAPIL SHARMA,
R/o F-3/27, SECTOR-11, ROHINI,
DELHI-110033. … COMPLAINANT
Versus
1. M/s HEALTH SANCTUARY (P) LTD.,
F-14/53, MODEL TOWN-II, DELHI-110009.
ALSO AT: A-1/10, DEODAR MARG,
DLF PHASE-I, GURGAON-122002.
2. Ms. SHUBHI HUSSAIN (DIRECTOR),
M/s HEALTH SANCTUARY (P) LTD.,
C-26, GREATER KAILASH, PART-I,
NEW DELHI-110048.… OPPOSITE PARTY(IES)
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMAD, MEMBER
Date of Institution: 06.04.2016
Date of Decision: 25.09.2017
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP
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under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant who had been operated for her spinal injury in May-2015 was advised by the surgeon to reduce her weight for recovery and relief from the injury and the complainant came in contact with an advertisement of OP making tall claims on health management including weight reduction by liposuction amongst other techniques. After going through the web site and the advertisement, the complainant contacted OP in their clinic at Model Town to apprise herself about the facilities available and other details for treatment for weight loss. The complainant further alleged that the complainant being the wife of a surgeon asked specifically if no blood test or other pre- operative test would be required particularly in view of the fact that the complainant had the history of diabetes and hypertension. OP informed that since the complainant had undergone all relevant tests recently the complainant would not be required to repeat the same and the liposuction could be done immediately and only precaution advised was not to take water and eat anything till the surgery was performed. Thereafter relying on the advise of OP and their assurances the complainant reported at the clinic of OP at Model Town on 30.05.2015 without taking any water and food to ensure that the complainant was
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operated on the same day. The complainant was advised to deposit a sum of Rs.1.60 lakhs towards the package for performing liposuction and the complainant had Rs.75,000/- in hand which the complainant immediately deposited and requested to start the procedure by the time the balance amount would be arranged and OP insisted upon depositing the total amount of Rs.1.60 lakhs in advance and the funds were arranged through the driver of the complainant and total amount of Rs.1.60 lakhs was deposited in advance and OP issued a receipt no. 004 dated 30.05.2015 where the amount of Rs.1.60 lakhs was found to be interpolated and changed to Rs.1.25 lakhs and the complainant being visually impaired could not read the contents of the receipt since the complainant was not carrying the magnifying glass and in her anxiety to get operated at the earliest and OP had thus played fraud and wrongly mentioned the amount on the receipt playing with the incapacities of the complainant. The complainant further alleged that the complainant was made to sit in the reception for hours informing that the surgeon on duty was held up in traffic and shall operate as soon as possible and the complainant desired to see the operation theatre but was informed that she could go there only when surgeon accompanies her and after a long wait no surgeon
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turned up and the complainant could feel fishy since no other patient had reported and the receptionist had been trying to keep the complainant engaged reassuring that she would certainly be operated. The complainant further alleged that the complainant had been fasting and without any water since morning and at last became impatient and wanted to know as to how long it would take for the surgeon to come and feeling the heat of the situation, the receptionist informed that the surgeon could not make it and she had to go to their other clinic in Patel Nagar where she would be operated without further delay and the complainant moved to Patel Nagar, Delhi where the position was no different and neither there was any surgeon nor operation theatre and the complainant was informed that the surgeon had gone out to attend an emergency in a road accident and she had to wait and till the evening, no surgeon turned up and the complainant was informed that she could be operated on some other day. The complainant further alleged that failure of OP to provide treatment the complainant requested that her money be refunded since no treatment was provided to her and she was advised to go back to Model Town clinic to collect her deposit where she had paid and the complainant having no option went back to Model Town where to her utter surprise the office had since been closed
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for the day and the same shall be refunded the next day and the complainant was put in contact with Mr. Dev, the finance manager who promised to take personal interest and assured to refund on the next date. The complainant had been regularly contacting Mr. Dev and other functionaries of OP besides sending a few SMS/e-mails seeking refund of deposit and initially the complainant was informed that her refund could not be remitted since the authorized signatory was out of India and later Mr. Dev expressed his surprise sarcastically saying if she had not yet received the refund and making fun of the complainant and the complainant sent few mails on 05.07.2015. The complainant further alleged that the complainant had to travel to Mumbai for her treatment where she had been operated for liposuction since OP failed to extend the treatment after having received the full amount of their charges in advance and the complainant had to spend Rs.5 lakhs on the boarding, lodging and treatment besides the inconvenience of staying away from her home affecting her and her family and since refund was not made despite best efforts of the complainant, the complainant called on the ACP Model Town on 07.07.2015 and lodged thecomplaint but no action has been taken by OP. The complainant further alleged that the complainant also filed a detailed complaint with SHO, P.S. Model
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Town, Delhi on 16.07.2015 which was registered as DD No. 68 B but no action has been taken till date and the legal notice was served and Ms. Shubhi Hussain the director desired the complainant to meet her at her clinic cum residence in Greater Kailash on 03.03.2016 but when the complainant sought confirmation before leaving when it was informed that she would meet on some other day and OP did not give response and as such there is an act of deficiency in service on the part of OP.
2. On these allegations the complainant filed the present complaint praying for direction to OP to refund amount of Rs.1,60,000/- received in advance for conducting liposuction which they did not do as well as compensation of Rs.5 lakhs for causing mental torture, physical harassment, injury keeping her fasting and without water leading to her being slipped into glucocemia. The complainant has also sought compensation for Rs.5 lakhs towards the inconvenience and hardship caused to the family of the complainant and also a sum of Rs.1 lakh towards legal expenses.
3. Notices to OPs were issued through speed post for appearance on 26.05.2016 and the notice to OP i.e. the company Health Sanctuary was served on 30.04.2016 as per track report at Delhi address. But none for the OP-1 & 2 i.e. the company appeared on
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26.05.2016, 29.08.2016 & 26.10.2016 and as such OP-1 & 2 have been proceeded ex-parte vide order dated 26.10.2016 whereas notice to OP-3 through speed post was again issued for appearance on 25.01.2017 and as per track report OP-3 avoided to receive the notice. As none for OP-3 failed to appear on 25.01.2017 and as such OP-3 was also proceeded ex-parte vide order dated 25.01.2017.
4. In order to prove her case the complainant filed her affidavit in evidence and also filed written arguments. The complainant also placed on record documents i.e. copy of pamphlet of OP, copy of receipt no. 004 dated 30.05.2015 issued by OP, copies of e-mails dated 05.07.2015, 06.07.2015 & 07.07.2015, copies of letters dated 07.07.2015, copy of complaint written by the complainant to SHO, Model Town, Delhi and copy of legal notice dated 03.08.2015 sent by the complainant through her counsel to the OPs.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears that even after receiving notices of this case from this forum, the OPs have kept mum and have not
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bothered to answer the case of the complainant. It also shows that the OPs have no defence at all. The copy of advance payment receipt placed on record by the complainant proves the fact that complainant has paid an amount of Rs.1,60,000/- to OPs for surgical liposuction program and OPs taking advantage of partial blindness of the complainant made over-writings and interpolations on the receipt issued to the complainant. The OP has not performed surgery by liposuction for reduction of weight of the complainant and have also failed to refund the amount deposited by the complainant. It clearly proves deficiency in service on the part of OPs. We accordingly hold the OPs as guilty of unfair trade practice and deficiency in service.
6. Accordingly, the OPs jointly or severally are directed as under:
i) To refund to the complainant an amount of Rs.1,60,000/- being the fee paid by the complainant.
ii) To pay to the complainant an amount of Rs.50,000/- towards compensation for harassment and mental agony which includes litigation charges.
7. The above amount shall be paid by the OPs jointly or severally to the complainant within 30 days from the date of receiving of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving of
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this order till the date of payment. If OPs fail to comply the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 25thSeptember, 2017.
BARIQ AHMED M.K. GUPTA
(MEMBER) (PRESIDENT)
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