Date of Filing:08.09.2021

Date of Disposal:17.05.2023

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

ORDER

       SRI CHANDRASHEKAR.S.NOOLA, MEMBER

1. The complainant submits their complaint in accordance with Section 35 of the Consumer Protection Act. The complainant requests that this Commission direct the opposite party to refund the amount to the tune of Rs.1,00,000/- plus 18% interest until realization. To direct the opposite party to pay the litigation fees of Rs.15,000/-. To direct the opposite party to pay compensation of Rs.22,000/- for destroying the complainant's account track and causing a drop in the CIBIL score, resulting in mental anguish, stress, and monetary loss. To direct the opposite party to pay the medical expenditures of Rs.12,000/- and to order the opposite party to pay Rs.10,000/- as interest, penal interest, and the advance payment of Rs.10,000/-.

2. The following are the complaint's key facts: 

The complainant claims that he paid Rs.11,800/- through phone pay for availing of the services of the opposite party for weight loss. By obtaining a loan from EZFINANZE , an amount of Rs.60,000/- was paid to the opposite party. The whole package value was Rs.60,000/- and the loan was disbursed to the opposing party on April 7, 2021. The complainant requested a contract copy from the opposite party but has yet to get one. The complainant must repay the debt in ten equal monthly installments of Rs.6,000/-.

3. According to the prescribed sessions for weight loss, only two sessions were completed, one of which served as a mock trial session. The first session took place on 7.4.2021, the second on 10.04. 2021, and the third on 13.04.2021. Due to the epidemic, a lockdown has been implemented and weight loss sessions were suspended. The complainant demanded that the opposite party stop providing additional services and repay the money paid. The opposite party has to return a total of Rs.70,000/-. The complainant is obligated to repay the entire loan amount through EMIs without receiving any benefits from the opposite party, and his or her CIBIL score suffers significantly as a result. The financier sent a demand/remainder notice for the repayment of three EMIs, demanding Rs.9,900/- plus Rs.991.48 in penal interest for a total of Rs.21,890.48.

4. Furthermore, the complaint claims that during the two mock trials of weight loss sessions, he was forced to undergo a heating procedure through the use of several chemical lotions that were harmful to his health. The complainant stated that as a result of the heating process, he experienced bruises, skin irritations, urinal infection, burning feeling while passing urine, and a decrease in sperm counts. For this, the complainant visited doctors and through multiple treatments and medical therapy totaling Rs.12,000/-.

5.  Denying the complainant's assertions, the opposite party claims that the complainant discontinued further treatment on his own. If the complainant continues treatment, the OP is ready to deliver proper and effective treatment to the complainant as agreed. There are no shortcomings in the treatment. At the time of admission, he consented to all the center's terms and conditions, and under those terms and conditions, the opposite party is not supposed to refund any money. The complainant's claim is completely unfounded and unjustified.

6. The points that arise for our consideration are;

1. Whether the Complainant prove that there is deficiency of service on the part of the OPs as alleged in the complaint and thereby prove that he is entitle for the relief sought?

2. What order?

7. The findings on the above points are as under:

Point No.1              :       Affirmative

Point No.2              :       As per final order

REASONS

8. POINT NO.1:-   Now coming to the merits of the case, the complainant enrolled for the services of the opposite party for his weight loss by agreeing to pay an amount of Rs.60,000/-. The opposite party arranged loan for the complainant from the finance company EZFINANZ to meet the treatment expenses with a condition that the loan amount has to be repaid in 10 EMI’s of Rs.6,000/ each to the finance company and subject to terms and conditions such as late payment charges, penal interest and the finance company disbursed the loan amount of Rs.60,000 to the opposite party.

9. The complainant attended three sessions of the treatment from 07.04.2021, 10.04.2021 and 13.04.2021 and later due to pandemic and lockdown he made a request to the opposite party to discontinue the services of the opposite party and treatment. Later, in the amended complaint dated 02.08.2021 the complainant states that the treatment involves the customer has to laid down and undergo heating process by applying chemical lotions and due to which he developed bruises, irritations and urinal infections and decline of sperm count  and on these issues the complainant has spent an amount of Rs.12,000/- for treatment for which there is  no concrete evidence or expert report by a doctor. The complainant in support of this has submitted pathology reports and prescriptions of medicines and these reports pertains to more than 10 months after the commencement of treatment. The opposite party denies the allegations of the complainant and states that there is no shortcoming in the treatment and ready to treat the complainant even as on date.

10.  After considering the pleadings, evidence, and submissions of the parties, this Commission is of the view that the complaint is partly allowed.  Although the complainant has not submitted complete documents to prove their claim, it is established that the complainant has undergone only three sessions of treatment with the respondent. Therefore, we direct the respondent to refund the complainant the remaining amount of the fees paid after deducting an amount equal to the treatment availed by the complainant and the Opposite Party is directed to pay an amount of Rs.42,000/- (Rupees Forty-Two Thousand only) after deducting an amount of Rs.18,000/- for availing three sessions of treatment with interest @ 7% p.a. from the date of complaint till the date of realization to the complainant.  The Opposite Party is further directed to pay compensation of Rs.5,000/- (Rupees Five Thousand only) towards health issues suffered due to treatment submitted in the complaint by producing an affidavit and mental agony and costs of Rs.2,000/- (Rupees Two Thousand only) to the complainant for legal expenses. Time for compliance is 45 days from the date of receipt of these orders, failing which the interest shall be enhanced to 9% p.a. from the date of default till the date of realization.  As a result, we have an affirmative answer to this question.

11. POINT NO.2:- In the result, we passed the following:

ORDER

1. The complaint is partly allowed.

2. The Opposite Party is directed to refund an amount of Rs.42,000/- (Rupees Forty-Two Thousand only) as against the loan amount of Rs.60,000/- sanctioned by EZFinanze after deducting an amount of Rs.18,000/- for availing three sessions of treatment with interest @ 7% p.a. from the date of complaint till the date of realization to the complainant.

3. The Opposite Party is further directed to pay compensation of Rs.5,000/- (Rupees Five Thousand only) towards health issues suffered due to treatment submitted in the amended complaint by producing an affidavit and mental agony and costs of Rs.2,000/- (Rupees Two Thousand only) to the complainant for legal expenses. Time for compliance is 45 days from the date of receipt of these orders, failing which the interest shall be enhanced to 9% p.a. from the date of default till the date of realization.

4.  Furnish free copy of this order to both the parties.

 (Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 17^th May 2023)

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)             (CHANDRASHEKAR S.NOOLA)       

         MEMBER                                        MEMBER

Witness examined on behalf of the complainant by way of affidavit: Sri Mohammad Jahangir-who being the complainant

Documents produced by the complainant:

Witness examined on behalf of the OP by way of affidavit:

Sri Appi Reddy-Who being the Senior Admin of OP

Documents produced by the OP:

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)          (CHANDRASHEKAR S.NOOLA)

         MEMBER                                     MEMBER

SKA*