Tamil Nadu

South Chennai

CC/162/2019

M/s Shyamaladevi - Complainant(s)

Versus

Kolors health care Ltd., - Opp.Party(s)

M/s Vijay Assts

02 Sep 2022

ORDER

Date of Complaint Filed : 13.06.2019

Date of Reservation      : 08.08.2022

Date of Order               : 02.09.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                            : PRESIDENT

                        THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,    : MEMBER II

 

CONSUMER COMPLAINT No. 162/2019

FRIDAY, THE 2^nd DAY OF SEPTEMBER 2022

Ms.Shyamala Devi,

D/o.Palanisamy,

No.27/5, Periyar Salai,

Vanniar Teynampet,

Chennai - 600 018.                                                       ... Complainant                   

 

..Vs..

1.The Branch Manager,

   Kolors Health Care India pvt Ltd,

   NILGIRIS Campus, No.25, Brindavan Street,

   KCC Apartments, West Mambalam,

   T.Nagar, Chennai - 600 033.

 

2.The Managing director,

   Kolors Health Care India pvt Ltd,

   Corp. & Reg. Office at Flat No.59/8,

   Above Reliance Trends, 1^st Floor,

   Karkhana,

   Secunderabad-500015.

 

3.Mr.Vijaya Krishna Devula,

   The Director

   Kolors Health Care India pvt Ltd,

   Corp. & Reg. Office at Flat No.59/8,

   Above MBS Jewellers, 1^st Floor,

   Karkhana, Secunderabad,

   Hyderabad TG-500003

 

4.Nagachandra Venkat Rayudu Gollapalli,

   The Director,

   Kolors Health Care India pvt Ltd,

   Corp. & Reg. Office at Flat No.59/8,

   Above MBS Jewellers, 1^st Floor,

   Karkhana, Secunderabad,

   Hyderabad TG-500003.                                             ...  Opposite Parties

 

******

Counsel for the Complainant          : M/s. Vijay Associates

Counsel for the Opposite Parties     : Exparte

 

        On perusal of records of the Counsel for the Complainant, we delivered the following:

ORDER

Pronounced by Member-II, Thiru, S. Nandagopalan., B.Sc., MBA.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to repay the money of Rs.55,000/- towards fee for improper treatment and to pay a sum of Rs.2,00,000/- towards unfair trade practice and to pay a sum of Rs.2,35,000/-towards mental agony and cost of Rs.10,000/-.     

2.     The averments of Complaint in brief are as follows:-

The Complainant had the opportunity to watch the Opposite Parties company's advertisement in the Tamil channels and presuming that the company is a renowned company having wide coverage/network and adapting scientific methods for reduction of weight since the company takes care of health issues. She came across the company's advertisement in West Mambalam and in the month of May, 7^th 2018 she visited the health care unit and wanted to know the details of services provided by the company and the rates for the services provided. The Opposite Parties registered corporate office is in Secunderabad and they have wide network of service centres. The representatives of the T.Nagar branch stated that they would issue the guarantee letter for reduction in weight within the stipulated time given in the letter and also informed that there were specialist in the services provided by them. The staffs in the service centres where specially trained in the services the company provides and they also stated that the services provided was scientifically based and it would deal the results expected by the customers/ consumers. She was weighing 87 kilos and wanted to reduce the weight without any health complications. She was guaranteed of weight reduction of 30 kgs within a period of 6 months and the 1^st  Opposite Party had stated that it would cost of Rs.50,000/- and took an  advance of Rs.5000/- and the balance was paid by way of EMI from June 2018. At the time of joining the health unit for reduction of weight the 1^st  Opposite Party had given a guarantee letter dated 10.06.2018 as it is usually given for all the customers and has instructed by the 2^nd and 3^rd Opposite Parties. She is a spinster who wanted to reduce weight substantially and followed the instructions very carefully and attended that health care unit whenever she was called. She had taken all precautionary measures and guide lines and dreamt about the losing the weight. Even after few months there was no reduction of weight and when she had questioned the health care unit for non-reduction of weight, the 1^st Opposite Party had promised that she had to wait upto six 6 months and gave lame excuses for not reducing any weight but they stated that due to their service she was not added on weight and which is against the guarantee letter. She came to understand that the treatment provided for loss of weight was not scientifically based but only by giving heat treatment, the company expected the customers to lose weight, this is nothing but duping the gullible consumers. After receiving the full EMI and after the payment of Rs.55,000/- she was asked not to come further since the period of six month was completed, she realized that the dream of reducing the weight was shattered and all the false promises, guarantee, promised was totally false and the Complainant realized that the Complainant was cheated of Rs.55,000/-. Subsequently whenever the Complainant visited the 1^st Opposite Party, there was no response and the Complainant was thrown out saying that they had high influence with the police and if she visit again thugs will be sent to her  house and warned not to take any steps and drop the issue.  It is a day light robbery and White collared crime committed and connived by all Opposite Parties to cheat the innocent customers. She was cheated by Rs.55,000/- and the reduction of weight promised and guarantee has not happened and all Opposite Parties have committed breach of trust. She had demanded compensation of Rs.5,00,000/- for cheating and misrepresentation. Even lodged complaint to first Opposite Party but all the efforts made by her  became vain and waste. The Opposite Parties are jointly liable for the mental agony and pain caused to the Complainant and it cannot be compensated to Complainant by any means.  She caused a legal notice dated 12.02.2019. In the said legal notice 15 days time were given to the Opposite Parties to settle the issue amicably. The Opposite Parties also received the said legal notice and acknowledged the same. Even after 15 days there is no reply  given by the Opposite Parties 2 to 4 except the 1^st Opposite Party and doesn't come forward to resolve and to settle the grievance of the Complainant. Hence the complaint.

3.    The Complainant submitted her his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-4  were marked.

4.     The Opposite Parties 1 to 4 did not appear before this Commission inspite of sufficient notice served on them and remained absent and set exparte.

Points for Consideration

1. Whether Opposite Parties committed unfair trade practice and deficiency of service?

2.  Whether the Complainant is entitled for reliefs claimed in the complaint and for any other relief/s?

Point No.1:-

        The contention of the Complainant is that on seeing the advertisements of Opposite Parties on reduction of weight as well as the advertisement of 1^st Opposite Party, she visited the 1^st Opposite Party’s office on 07.05.2018 to enquire about the services and rates on reduction of weight. The 1^st Opposite Party had assured to issue guarantee letter for reduction in weight within stipulated time given in the letter and the process of reduction in weight would be done by their specially trained persons. She was 87 kgs and she was assured for weight loss of 30 kgs in 6 months and the same would cost of Rs.50,000/- and on believing the same she had paid an advance amount of Rs.5000/- and the balance was paid by way of EMI from June 2018. She was given a guarantee letter dated 10.06.2018 which was marked as Ex.A-1, issued at the time of joining by the 1^st Opposite Party. She being spinster of 23 years of age who was with an intention to reduce weight had carefully attended the health care unit whenever called by the 1^st Opposite Party. She had taken all precautionary measures and guidelines given by the 1^st Opposite Party. Even after few months as she had not reduced weight, when questioned the same, the 1^st Opposite Party had informed that she had to wait for 6 months and of the service provided by them she had not put on weight or not added on weight, only then she understood that the weight reduction is not on scientifically proven treatment but only by giving heat treatment the same was done duping the gullible consumers. She had completed 6 months period thereafter she was asked not to come for further treatment, inspite of receipt of Rs.55,000/-and by so her dream of reducing weight was shattered by the false promises, guarantee given by the 1^st Opposite Party and subsequently when visited the 1^st Opposite Party, there was no response and she was threatened by the 1^st Opposite Party. Hence contended that the act of the 1^st Opposite Party is a day light robbery, white collar crime which amounts to breach of trust and cheating and the same resulted in causing mental agony to her. Hence she was constrained to issue a legal notice dated 12.02.2019 to all the Opposite Parties and the same were received by all the Opposite Parties as found in Ex.A-2 and Ex.A-3. The 1^st Opposite Party on receipt of Ex.A-2 had sent a reply on 21.02.2019 as found in Ex.A-4, but the 1^st Opposite Party had not resolved her grievance. The Opposite Parties had committed Unfair Trade Practice she is entitled for refund of the amount of Rs.55,000/- paid to the 1^st Opposite Party as well as for compensation for commitance of Unfair Trade Practice by the Opposite Parties apart from Compensation of mental agony sustained by her.

        On careful reading of the complaint and the Exhibits marked in support of the Complainant, the 1^st Opposite Party though had agreed and assured for weight reduction of the Complainant by 30 kgs within a period of 6 months, who had issued a guarantee letter dated 10.06.2018 cleverly without mentioning the 6 months period assured to the Complainant, as found in Ex.A-1, further the 1^st Opposite Party in response to the legal notice dated 12.02.2019 (Ex.A-2) sent on behalf of the Complainant, had replied that the Complainant had not attended the treatment in full, as she had attended only 23 sittings out of 40 sittings, would clearly prove that the Complainant was assured to reduce her weight of 30 kgs within a stipulated period. Further the Complainant in her complaint had contended that she had questioned about the non reduction of weight even after few months inspite of following the precautions and guidelines given by the 1^st Opposite Party, the 1^st Opposite Party had replied to wait for 6 months, and the Complainant further contended that she had completed 6 months period even then her weight was not reduced as assured by the 1^st Opposite Party.

 In view of the above discussions and considering the facts and circumstances of the case, we hold that the 1^st Opposite Party had committed Unfair Trade Practice and deficiency of service and thereby had caused severe mental agony to the Complainant, and the 2^nd to 4^th Opposite Parties who are principal of the 1^st Opposite Party, are liable for the act of the 1^st Opposite Party. Therefore, we are of the considered view that the 1^st to 4^th Opposite Parties had committed Unfair Trade Practice and deficiency of Service. Accordingly, Point No.1 is answered.

Point No.2:-

        As discussed and decided Point No.1 against the Opposite Parties 1 to  4, the Opposite Parties 1 to 4 are jointly and severally liable to refund a sum of Rs.55,000/- being paid by the Complainant to the 1^st Opposite Party and to pay a sum of Rs.10,000/- towards Unfair Trade Practice, deficiency of service and mental agony along with costs of Rs.5000/- to the Complainant. And the Complainant is not entitled for any other relief/s. Accordingly, Point No.2 is answered.

In the result the complaint is allowed in part. The Opposite Parties 1 to 4 are jointly and severally directed to refund a sum of Rs.55,000/- (Rupees Fifty Five Thousand Only) being paid by the Complainant to the 1^st Opposite Party and to a sum of Rs.10,000/- (Rupees Ten Thousand Only) towards unfair trade practice, deficiency of service and mental agony caused to the Complainant and also to pay a sum of Rs.5,000/- (Rupees Five Thousand Only) towards costs to the Complainant,  within 8 weeks from the date of receipt of this order, failing compliance, the above amount shall carry interest @ 6% per annum from the date of receipt of this order till the date of realisation.

In the result the Complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 2^nd day of September 2022.  

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	10.06.2018	Guarantee Letter issued by the 1st Opposite Party
Ex.A2	12.02.2019	Legal notice issued to the Opposite Parties
Ex.A3	-	Acknowledgement card
Ex.A4	21.02.2019	Reply notice issued by the 1st Opposite Party

 

 

List of documents filed on the side of the Opposite Parties:-

 

 

NIL

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT