MS. NIPUR CHANDNA, MEMBER

ORDER

14.08.2024

1.       A complaint under Section 12 of Consumer Protection Act filed by complainant thereby alleging deficiency in service on the part of OP. In brief the facts of the complaint are that being influence by the advertisement in the Newspaper Nav Bharat Time Hindi on every Monday in respect to the loss of weight, tummy, face, skin etc by OP,  complainant visited the office of the OP and after receiving the assurance from the Manager of the OP took the package of Rs. 50,000/- having discount voucher of Rs. 5,000/- on a term to reduce 10 KG weight and tummy within 4 to 5 months.

2.       It is alleged by the complainant that on 24.11.2014 he paid a sum of Rs. 45,000/- as a package fee to the OP in cash. The OP issued a card in which all the record of visits and treatment have to be entered and signed. During the treatment, the OP suddenly changed the package and only heat treatment of the lower abdomen has been given which burned the abdomen skin of the complainant which was later on cured after taking the treatment from doctor for 30 days.

3.       It is further alleged by the complainant that the entire treatment given by OP is against the norms and conditions and assurance given through the advertisement and also at the time receiving the money. It is further alleged by the complainant that he wrote letter dated 01.07.2015, 17.07.2015 and 05.12.2015 thereby requesting the OP to refund the deposited amount but OP neither replied to the letters nor had refunded the money. Being aggrieved by the conduct of OP complainant approached this Commission for redressal of his grievance.

4.       Notice of the complaint was sent to OP. Despite notice neither OP appeared nor filed its WS as such ordered to be proceeded ex-parte on 03.02.2017 by Ld. Predecessor Bench.

5.       Complainant filed his evidence by way of affidavit wherein he has corroborated the contents of the complaint.  Complainant has placed on record the copy of the newspaper containing the advertisement published by OP, copy of payment receipt, copy of letters in support of his contention.

6.       Written arguments filed by the complainant. We have heard the arguments advance at the bar on behalf of complainant and have perused the record.

7.       Admittedly, in the present complaint case the complainant purchased the weight loss package from OP by paying a sum of Rs. 45,000/-. In support of its contention he has placed on record the copy of the payment receipts. The complainant has averred in his complaint that the OP suddenly changed the package and only heat treatment of the lower abdomen has been given which burned the abdomen skin of the complainant which was later on cured after taking the treatment from doctor for 30 days but failed to place on record any documentary evidence to establish that he suffered any burn injuries on his abdomen due to wrong treatment given by OP and the same is been cured by taking treatment from the doctor for 30 days.

8.       In view of the above discussion, we are of the opinion that complainant failed to established the case of deficiency in service against OP, we therefore, find no merits in the present complaint case, same is hereby dismissed.

File be consigned to record room.

9.       Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.

Announced in open Commission on   14.08.2024.

Sanjay Kumar               Nipur Chandna                       Rajesh

               President                            Member                         Member