DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Dr.E.K.Murthy son of E.Ramanna, aged 74 years, resident of House No.5725, Housing Board Complex, Manimajra, U.T., Chandigarh.

…..Complainant

                                      V E R S U S

1.       M/s. VLCC Health Care Limited, through its Regional Manager, SCO No.43, Pocket No.1, Manimajra, Chandigarh.

2.       M/s. VLCC Health Care Limited, through its Manager namely Ms. Meenal, SCO No.43, Pocket No.1, Manimajra, Chandigarh

                                                ……Opposite Parties

CORAM:   SH.RAJINDER SINGH GILL

PRESIDING  MEMBER

DR.(MRS) MADANJIT KAUR SAHOTA                                                                 MEMBER

Argued by: Sh.Anil Kumar, Counsel for complainant.

Sh.Ashim Aggarwal, Counsel for OPs

PER RAJINDER SINGH GILL, PRESIDING MEMBER

                   Briefly stated, the complainant, in response to an advertisement of OPs about reducing heavy weight in short period of time (Ann.C-1), approached them for the said purpose.  The OPs assured him that his weight will be reduced by 12 Kgs. within 1½ months.  As such, the complainant paid Rs.13,000/- to the OPs on 15.2.2012 (Ann.C-2) and join 5 Session, as prescribed by them, to reduce the weight.

                   It is averred that the complainant regularly join five sessions of OPs for reducing the weight, but even after that his weight did not reduce.  Complainant took the matter with OPs, but they did not pay any heed.  As such, complainant sought refund of his balance amount of Rs.11,556/- after deducting Rs.1444/- out of total amount of Rs.13,000/-, but no amount has been refunded.  Hence, this complaint alleging the said act of OPs as gross deficiency in service and unfair trade practice on the part of OPs.

2]                OPs filed the reply and admitted the receipt of amount and joining of weight reduction course/session by the complainant.  It is stated that the complainant wanted 10 Kg reduction in weight.  The package of 120 days was booked on 15.2.2012.  At the beginning of the package period, the complainant’s weight on 15.2.2012 was 84.4 Kgs and at the time of last treatment session attended by him on 23.2.2012, his weight was 82.10 Kgs, thus within a period of 8 days, he lost approximately 2.3 Kgs.  It is also stated that the complainant abruptly left the programme of 120 days after only 12 days i.e. on 27.2.2012, despite the positive results.  It is averred that the complainant was already told about the variations in the result.  The complainant also signed the Client Programme Record, thereby agreeing to the terms & conditions of the programme contained therein (Ann.RW-A).  Rest of the allegations have been denied with a prayer to dismissed the  complaint.

3]                Parties led evidence in support of their contentions.

4]                We have heard the learned Counsel for the parties and have also perused the record. 

5]                Admittedly, the complainant joined the Health Programme of OPs, by paying Rs.13,000/- for reducing his weight. 

6]                The grouse of the complainant is that inspite of his attending 5 regular sessions as prescribed by OPs, his weight did not reduce. 

7]                To this, the contention of the OPs is that the complainant himself left the programme just after attending it only for 12 days, whereas the package was for 120 days, to get the desired results.  Moreover, the complainant was already told about the variations in the results.

8]                We find force in the contention of the OPs.  The complainant was to complete the health programme of OPs by attending all sessions as per the package of 120 days, but he did not do so, as is clear from his own assertion to the effect that he had joined only five sessions.

9]                The complainant himself agreed to the Terms & Conditions vide Ex.RW/A.  The relevant extract of it reads as under :-

          “I agree that the validity of the programme booked by me is 120 days from the date of first session given to me and after expiry of the period of validity, the Company is not under any obligation to give services to me against this booking/programme.  I further agree that the first session would be taken to me within 7 days/10 days failing which the period of validity would be proportionately reduced.

          I have also read and understood the Terms and Conditions of the Company and agree to abide by them.  In the event of my failure to act according to the Terms and Conditions, my Programme will be terminated without any reimbursement.”

10]              Moreover, the Weight Chart, placed on record by the OPs along with Ann.RW/A, reveals that the complainant’s weight, on attending the first session as on 15.2.2012, was 84.4 Kgs and at the time of last session, attended on 23.2.2012, his weight came down to 82.10 Kgs. Thereby he lost approximately 2.3 Kgs. weight, which proves that the treatment/services given by the OPs were showing positive results.  Thus, the plea of the complainant that his weight did not reduced even after joining 5 sessions is not sustainable.   

11]              Moreover, since the complainant himself left the health programme in between and thereby violated the terms & conditions, agreed between the parties vide Ann.RW-A, hence no liability can be fastened on the OPs.  In case, the complainant had attended all the sessions, he would have achieved the desired results.  The complainant cannot be given the benefit of his own wrongs.  Therefore, no deficiency in service is attributed towards the OPs.  

12]              In view of the above findings, we are of the opinion that the complainant has miserably failed to prove his case.  Thus, the complaint, being meritless, is hereby dismissed with no order as to costs.

                   Certified copies of this order be sent to the parties free of charge. The file be consigned.