Delhi

East Delhi

CC/336/2016

RICHA GARG - Complainant(s)

Versus

REDISCOVER - Opp.Party(s)

23 Jan 2019

ORDER

                  DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092

                                  

                                                                                                  Consumer complaint no.        336/2016

                                                                                                  Date of Institution               13/07/2016

                                                                                                  Order Reserved on              23/01/2019

                                                                                                  Date of Order                       25/01/2019                                                                                                     

In matter of

Ms. Richa Garg, adult

D/o- Sh N K Garg    

R/o  B-293, 2^nd Floor, 

New Ashok Nagar, Delhi 110096...………..………………………Complainant                                                                   

                                                                         Vs

M/s  Rediscover  

C-4, Anand Vihar, Delhi 110092………….…..…………………….Respondent

(new address)

 

(Off-132, Preet Vihar, Delhi 110092)

 (old address)

 

Complainant’s Advocate                            Rajesh Kumar Sharma

Opponent                                                      Dr Harish Kukreja- Proprietor    

 

Quorum                                                         Sh Sukhdev Singh      President

                                                                        Dr P N Tiwari              Member                                                                                                   

                                                                        Mrs Harpreet Kaur    Member

Order by Dr P N Tiwari, Member 

Brief Facts of the case                                                                                                

Complainant wanted to reduce her body fat, so contacted OP on 26/05/2014 who assured complainant that 10 kg fat and 20-30 inch body measurements would be reduced after taking Ayurvedic and 10 Lypo R sessions. After getting assurance, complainant paid Rs 60,000/-vide receipt no. 1674 (Ex CW1/1 &2).

After attending sessions for about 15 months, did not get desired result, so inquired from OP for not getting the results, but did not get satisfactory result, so asked refund of amount Rs 60,000/- through legal notice dated 12/04/2016 (Ex CW1/2). When no reply was received suffered mental agony and harassment due to deficient and unethical services, filed this complaint and claimed refund of amount with Rs 20,000/- as compensation and mental agony and litigation charges Rs 15,000/-.

OP filed written statement through its proprietor, Dr Harish Kukreja and denied all allegations put by complainant. It was admitted that the complainant had taken admission in their centre as M/s Rediscover Laser Skin Slimming and Ayurvedic Clinic, stated that complainant had taken all sessions under package of 10 kg Ayurvedic and 10 Lypo R. OP annexed progress report showing complainant achieved target in Ayurvedic treatment within time schedule where 4 Lypo R sessions were left by complainant. It was stated that complainant had various ailments like PCOD, Thyroid and Diabetes (Ex OPW1/1) and after proper measurements of complainant’s body BMI was noted (Ex OPW1/2). OP also submitted progress report (Ex OPW1/3 & 3A) exhibiting details of Ayurvedic sessions. So, there was no deficiency in their services and complaint based on false facts and without merit, so complaint be dismissed.  

 

Complainant in her rejoinder refuted all replies of OP and stated due to deficiency in services, no desired outcome was achieved even in 15 months. There was no qualified instructor or doctor who ever guided properly. No Lypo treatment was ever done by any evidence. Due to careless and deficiency services, complainant demanded refund of her amount paid. In her evidence on affidavit and affirmed on oath that all her evidence were true and relied on fee receipt of Rs 60,000/-(Ex CW1/1 &2) and legal notice (Ex CW1/3).

 

OP submitted evidences on affidavit through their proprietor, Dr Harish Kukreja, who relied on their evidence as OPW1/1, 2 A and 3 supporting cash receipt showing different ailments she had and BMI chart with progress report. Based on these evidences, OP stated that nowhere deficiency was ever done in their treatment process. So this complaint may be dismissed.  

OP submitted written arguments and supported their evidences and taken on record.     

 

We heard Ld. Counsel for complainant and authorised person of OP who stressed on evidence based defense and stated that OP had qualified and experienced doctors who provide treatment.

During arguments by complainant’s counsel, it was stressed that due to incompetent staff and infrastructure, complainant did not get desired results, so she suffered mental agony and financial loss she was entitled for refund of her amount on account of deficiency in services in their line of treatment.

Before coming to the conclusion, we have also seen the treatment provided under Ayurvedic line and Lypo R session as OP had neither submitted any evidence supporting their line of action under Ayurvedic sessions and Lypo R which was done by the ‘Doctor’.

 

Under Ayurvedic session, ‘Panchkarma’ is required to be done by experienced Ayurvedic (BAMS) doctor, but there was no evidence whether treating doctor had any qualification and experience in doing Ayurvedic sessions. As far as Lypo R is concerned, it required a well equipped operation theater and qualified surgeon with anesthetist. During Lypo R process, patient had small skin cuts over body from where process is done and fat is sucked when fat gets liquefied. There was no written consent from complainant and line of treatment explained with other line of treatments also. The follow up advice regarding diet, exercise and daily work has to be explained and written on the prescription after Lypo R surgery. There were no such documents which could show us that OP had well equipped Operation Theater, qualified and experience doctor (from allopathy) and doctors having Ayurvedic degree with registration and qualified staff. No treatment documents were on record. If Lypo R procedure is done by untrained staff, results in sudden disturbance of Lipid metabolic system and put excess load on heart and liver may result fatal in some cases.

 

We have also seen Ex CW1/1 where ailments mentioned like PCOD, Thyroid and Diabetes, but no evidence of related history and medicines complainant was taking. Seeing progress report, OP exhibited exact reduction of 10 Kg weight loss from 113.3 Kg to 103.3 Kg which cannot be believed without supporting evidences in case when complainant did not attend sessions regularly as shown in OP’s progress report. Meaning thereby these points do not carry any merits. As fee receipt show that 20% amount paid could be adjusted in other treatment, but complainant did not wish for taking any other course of treatment, so 20% adjustment did not arise.      

Keeping in view of the facts and evidences of complainant, there was no concrete evidence from OP to refute the allegations of deficiency put by complainant. Hence complaint has merit,  so we pass the following order as under-  

1. OP shall refund Rs 60,000/- paid by complainant with 9% interest in 30 days after receiving order copy,
2. We also award Rs 20,000/- as compensation for mental agony and harassment suffered with Rs 5000/-as litigation charges.
3. If award is not complied stipulated time, entire awarded amount shall carry 9% interest from the date of order. 

The first free copy of this order be sent to the parties as per the Regulation 18(6) of the Consumer Protection Regulations, 2005 (in short the CPR) and file be consigned to the Record Room under Regulation 20(1) of the CPR.

 

 

(Dr) P N Tiwari, Member                                                                    Mrs Harpreet Kaur, Member

 

                                                    

                                                      Shri Sukhdev Singh - President