O R D E R<br /> <br /> <br /> <br /> SMT. ANITA SHIVAKUMAR. K, MEMBER:<br /> <br /> <br /> The brief facts of the complaint are that complainant enrolled herself for slimming treatment at the Op’s beauty clinic on 28/02/2010. As per medical advice, she was supposed to reduce 5-8 Kgs. The package of treatment duration was for 4 weeks for total cost of Rs.10,313/-. The same was paid by the complainant on 28/02/2010 to get her enrolled. Complainant alleged the deficiency of service of Op that Op doesn’t have backup in case there is no power, because the equipments needs power to treat which are power oriented. Op doesn’t have dietician which is essential to advice the patients regularly, unhygienic toilets and housekeeping. She has main complaint against Op is that when there is more power shutdown, Op must take care about the generator power backup for uninterrupted treatment. This was the situation faced by the complainant. From the second day of her treatment, in between the treatment power went off and she was told to come on next day. Again, the same incident happened often and told her to come on next day. Since complainant is a working lady coming and going was of no use became annoying to her and she got fed up, discontinued the treatment on the third day of her treatment. So complainant requested to refund her money with Centre Manager and Vice President of Op. Complainant also lodged written complaint and requested to refund. Op refused to refund. Vice President of Op was rude, arrogant with complainant. Since complainant taken only three sittings at Op clinic and Op not refunded her money, are the reasons to approach the forum to seek relief to refund her money of Rs.9,350/- and direct the Op to ensure that whether they are providing necessary facilities to clients before advertising about their service.<br /> <br /> Notice sent to Op, through RPAD. It was duly served on Op. On the date of appearance, Op was absent, he is placed ex-parte.<br /> <br /> In course of enquiry into the complaint, the complainant by reproducing what she has stated in her complaint has filed her affidavit. The complainant along with the complaint has produced the copy of the receipt for having paid towards treatment fees, copy of the letter sent to Op. We have heard the counsel for complainant and gone through the material documents.<br /> <br /> On perusal of the materials records produced by complainant, she had paid full amount of Rs.10,313/- for slimming treatment on 28/02/2010. Duration of treatment was of 4 weeks as agreed by both the parties to reduce her weight as per medical grounds. The treatment required equipments which are power oriented. But Op clinic have no generator or other mode of power backup facility to provide continuous treatment for required time without any interruption in case of power shutdown. Complainant has alleged in the complaint that she faced lot of problem due to lack of power supply in the clinic while she was undergoing treatment. In between her treatment, power went off often which was embarrassing. Complainant attended only two sittings and on third day of her treatment only she discontinued and requested to refund the amount which is not obliged by the Op. Attending one or two sittings of treatment will not meet the objective of enrolling to the said treatment. Complainant also alleged that there was no dietician at the centre who must be the part of treatment and unhygienic washrooms are most unwelcoming appearance in the beauty clinic. In our view, it is not fair, because Op has to take care before advertising in the newspapers these basic necessities should be in higher priority. Complainant had brought these short falls into the notice of Op in a letter dated 17/03/2010. Centre Manager and Vice President of Op clinic had never replied and corrected the situation. But Op has not taken any steps to refund her money as requested by the complainant.<br /> <br /> As the Op received the letter issued by the complainant, has neither replied to the letter nor refunded her money. We find no reasons to retain complainant’s amount without rendering service. Denial of efficient service or refund of money amounts to deficiency on the part of Op. Therefore, we are of the view that Op is liable to compensate the complainant by repaying her amount and cost for which Op made her to approach forum.<br /> <br /> The Op in spite of opportunity given to him has remained absent. We do not find any reason to disbelieve the claim of the complainant. Hence, we pass the following order. <br /> <br /> O R D E R<br /> <br /> Complaint is allowed.<br /> <br /> Op is directed to pay Rs.9,350/- within 15 days from the date of receipt of this order. Failing which, Op shall pay interest @ 10% p.a from 17/03/2010 to till it is re-paid.<br /> <br /> Op is also directed to pay Rs.1,000/- towards cost.<br /> <br /> Dictated to the Stenographer. Got it transcribed and corrected. Pronounced in the Open forum on this the 30th June 2010.<br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />