Tamil Nadu

South Chennai

CC/136/2018

K M Monisha - Complainant(s)

Versus

M/s Kolor Health Care India Pvt Ltd. - Opp.Party(s)

V T Narendran

11 Apr 2019

ORDER

                                                                        Date of Filing  : 19.03.2018

                                                                          Date of Order : 11.04.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.136/2018

DATED THIS THURSDAY THE 11^TH DAY OF APRIL 2019

                                 

Mrs. K.M. Monisha,

W/o. Mr. D.S. Kumaresan,

No.35/16, Ponnusamy Teachers’ Street,

Kodambakkam,

Chennai.                                                                      .. Complainant.                                                         

 

                                                                                          ..Versus..

 

1. M/s. Kolors Health Care India Pvt. Ltd.,

Rep. by its Managing Director,

3^rd Floor, A D 79 & 80, Dev’s Ark,

5^th Avenue, Main Road,

Anna Nagar East,

Chennai – 600 010.  

 

2. The Managing Director,

M/s. Kolors Heath Care India Pvt Ltd.,

3^rd Floor, A D 79 & 80, Dev’s Ark,

5^th Avenue, Main Road,

Anna Nagar East,

Chennai – 600 010.                                               ..  Opposite parties.

          

Counsel for the complainant   :  M/s. V.T. Narendiranms & others

Opposite parties 1 & 2            :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of Rs.20,000/- paid towards the cost of the weight loss and inch loss programme along with interest from 25.11.2016 the date of realization of the complainant money at the rate of 18% p.a. to the complainant and to pay a sum of Rs.1,20,000/- towards compensation for financial loss, mental agony and damages for deficiency in service with cost of Rs.25,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that as per the advertisement in television and other medias related to instant weight inch loss with a fond hope, the complainant opted to join the program and requested the opposite party for the payment details.  The opposite parties claimed a sum of Rs.49,500/- towards the entire programme and additional body therapies Rs.11,123/- and Rs.6,600/- totalling Rs.67,223/-. Out of which, the complainant has paid a sum of Rs.20,000/- after the due discount offered by the opposite party.  The complainant paid the said amount by way of credit card and attended 3 sittings.  But to the shock and surprise, the opposite parties claimed additional package and advised additional course for which, demanded a sum of Rs.20,000/- for getting proper result which is against the advertisement in the various medias proves that all the advertisements are fake.  Hence, the complainant requested the opposite party to return the entire amount for which, the opposite party issued legal notice dated:18.09.2017 for which, suitable reply dated:29.01.2018 issued by the complainant.   The opposite party has not come forward to settle the amount.   The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.     In spite of receipt of notice the opposite parties 1 & 2 has not appeared before this Forum and therefore, the opposite parties 1 & 2 were set Exparte.  

3.     Though the opposite parties 1 & 2 remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum.  

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as her evidence, and also documents Ex.A1 to Ex.A4  are marked.     

5.      The points for consideration is:-

1. Whether the complainant is entitled a sum of Rs.20,000/- paid towards weight loss treatment with interest at the rate of 18% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony and Rs.20,000/- towards deficiency in service with cost of Rs.25,000/- as prayed for?

6.      On point:-

The opposite parties 1 & 2 after receiving the notice not entered appearance and remained Exparte.  The complainant has filed his proof affidavit and written arguments.  Perused the records namely; the complaint, proof affidavit and documents of complainant.   The complainant pleaded and contended that as per the advertisement in television and other medias related to instant weight inch loss with a fond hope, the complainant opted to join the program and requested the opposite party for the payment details.  The opposite parties claimed a sum of Rs.49,500/- towards the entire programme and additional body therapies Rs.11,123/- and Rs.6,600/- totalling Rs.67,223/-. Out of which, the complainant has paid a sum of Rs.20,000/- as per Ex.A1 after the due discount offered by the opposite party.  The complainant paid the said amount by way of credit card and attended 3 sittings.  But to the shock and surprise, the opposite parties claimed additional package and advised additional course for which, demanded a sum of Rs.20,000/- for getting proper result which is against the advertisement in the various medias proves that all the advertisements are fake.  Hence, the complainant requested the opposite party to return the entire amount for which, the opposite party issued legal notice dated:18.09.2017 as per Ex.A2 proves the deficiency in service for which, suitable reply dated:29.01.2018 as per Ex.A3 issued by the complainant. Since the opposite party has not come forward to settle the amount, the complainant was constrained to file this case.  The complainant is claiming a sum of Rs.1,20,000/- towards compensation for mental agony and deficiency in service.  But the complainant has not taken suitable steps to prove the same.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties 1 & 2 shall pay a sum of Rs.20,000/- with interest 9% p.a. from the date of  complaint to till the date of this order with a compensation Rs.10,000/- for mental agony and cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable to pay a sum of Rs.20,000/- (Rupees Twenty thousand only) being the cost of the weight loss and inch loss programme along with interest at the rate of 9% p.a. from the date of complaint (i.e.) 19.03.2018 to till the date of this order (i.e.) 11.04.2019 and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 11^th day of April 2019. 

 

MEMBER                                                                  PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	25.11.2016	Copy of payment paid receipt given by the opposite party for Rs.20,000/-
Ex.A2	18.09.2017	Copy of legal notice of M/s. Kolors Health Care India Ltd.
Ex.A3	29.01.2018	Copy of legal notice of the complainant
Ex.A4	31.01.2018	Copy of acknowledgement received by the opposite party

 

 

MEMBER                                                                  PRESIDENT