Tamil Nadu

North Chennai

CC/180/2015

K.Mohan - Complainant(s)

Versus

M/S.Kolors Health India pri ltd - Opp.Party(s)

Velmurugan

31 Oct 2016

ORDER

 

 

                                                            Complaint presented on:  14.12.2015

                                                                Order pronounced on:  31.10.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

MONDAY THE 31^st   DAY OF OCTOBER 2016

 

C.C.NO.180/2015

 

 

 

K.Mohan,

20/41 Arasappa Street,

Purasawalkam, Chennai – 600 007.

                                                                                            ..... Complainant

 

..Vs..

	M/s. Kolors Healthcare India Private Limited, Rep.by its Director, AD 79 & 80, 3rd Floor,          (As per order in memo dated 21.03.16) DEVS ARK, 5th Main Road, Anna Nagar East, Chennai – 600 040.
	.....Opposite Party

Date of complaint                                  23.12.2015

Counsel for Complainant                      : D.Jawahar

Counsel for opposite party                       : Ex - parte

 

 

 

 

 

O R D E R

 

BY MEMBER  TMT.T.KALAIYARASI,  B.A.B.L.,       

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IS IN BRIEF:

          The Complainant is an excess weight person hence attracted by the advertisements of the Opposite Party in the television media joined the Weight Loss Program offered by them, under Rs.33,000/- package and paid Rs.23,000/- in installment. The Opposite Party organization is an ISO certified organization and hence the Complainant joined the weight loss programme offered by them. In the 1st session he was asked to wear a heating coat for 45 minutes and that was uncomfortable to him and hence it was given up. In the next session abdomen massage was given to him and it was very rough and felt severe pain and the massage continued till he shouted to them. As a result his lower abdomen, urinary tract was damaged. The next couple of session he was given a flap vibrator treatment which was unworthy. Hence the Complainant discontinued the treatment. He had paid a sum of Rs.23,000/- on various dates for the package amount of Rs.33,000/-. The Complainant preferred a Complaint against the Opposite Party to the Tamil Nadu legal services authority but he did not attend the hearing. A legal notice dated 25.05.2015 issued to the Opposite Party and the same was received by him on 26.05.2015, however he did not reply. The improper treatment given by the Opposite Party is Deficiency in Service. Hence the Complainant filed this Complaint for refund of Rs.23,000/- and for  compensation with cost of the Complaint.

2. Though the Opposite Party received notice, he did not appear on 25.04.2016 and hence the Opposite Party called absent and set Ex-parte.

          3. The Complainant had filed his proof affidavit and documents Ex.A1 to Ex.A4 were marked on the side of the Complainant.

          4. The Complainant had also come forward with written argument and oral argument of the Complainant was heard.

5. POINTS FOR CONSIDERATION

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent ?

6. POINT NO :1

            The Complainant attracted by the advertisements of the Opposite Party in the Television media joined the weight loss programme with them and the package amount was Rs.33,000/- and he paid part amount of Rs.23,000/- on various dates. The proof of payment was evidenced by the Ex.A1 receipt issued by the Opposite Party. The Opposite Party providing service by way of treatment to the Complainant and the Complainant also paid part consideration and therefore the Complainant regarded as a Consumer.

          7. In the 1st session the Complainant was given treatment to wear a heating coat for about 45 minutes and that was not comfortable to him. In the next session and abdomen massage was done to him and that was caused severe pain to him and he was made to cry and further the urinary tract was damaged. In the next 2 sessions flab vibrator treatment was given for weight loss and that was also not successful to him.  The Complainant issued notice Ex.A3 in respect of the defects and Ex.A3 and though the Opposite Party acknowledged under Ex.A4 did not reply. Further the Opposite Party did not appear for the notice issued by the Legal Services Authority to answer in respect of the Complaint made by the Complainant. The above evidence and pleading clearly establishes that the Opposite Party committed deficiency in providing service to the Complainant. There is no contra evidence on behalf of the Opposite Party. Hence we hold that the Opposite Party has committed Deficiency in Service.

 8. POINT NO: 2

          The Complainant paid part amount of Rs.23,000/- to the Opposite Party. Since the Opposite Party has not provided proper service to the Complainant and there is no weight loss to the Complainant, the Complainant is entitled for refund of the amount of Rs.23,000/- paid by him to  the Opposite Party. During massage service provided by the Opposite Party the Complainant suffered with severe pain and urinary tract was damaged to him. Considering this aspect due to such suffering the Complainant would have suffered with mental agony for the negligent treatment given to him. Therefore, it would be appropriate to order a sum of Rs.50,000/- towards compensation for negligent treatment and for mental agony, besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Party is ordered to refund a sum of Rs. 23,000/- (Rupees twenty three thousand only) to the Complainant paid by him and also to pay a compensation of  Rs.50,000/- (Rupees fifty thousand only) for negligent service and mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only) towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

            Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 31^st   day of October 2016.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 23.12.2013                   Receipt issued by the Opposite Party

Ex. A2 dated 16.03.2015                  Notice from TNSLA, Chennai

Ex.A3 dated 25.05.2015                   Legal Notice with postal Receipt

Ex.A4 dated 26.05.2015                   Postal Acknowledgement Card

 

MEMBER – II                                                               PRESIDENT