ORDER

SH. RAKESH KAPOOR, PRESIDENT



   On 16.6.2014, the complainant had paid an amount of Rs. 30,000/- to
the OP for seeking treatment for weight loss .  It is alleged by the
complainant that the OP had assured him that he will be able to shed
20 Kg weight within a span of four weeks.  It is alleged by the
complainant that he had been continuously taking treatment  from the
OP for a period of four weeks but without any perceptible achievement.
Rather , instead of losing weight he had put on more weight because of
the reaction of the treatment given to him. After the expiry of four
weeks, he had complained to the OP that the treatment given to him was
absolutely inappropriate.   He was asked by the OP to pay a further
sum of Rs. 50,000/-   so that the treatment is changed and effective
medicines/ treatment for weight loss is given to him. The complainant,
however, did not accept the proposal and instead asked  the OP to
return the  sum of Rs 30,000/-  deposited by him. The OP has refused
to refund the said amount which led the complainant to approach this
forum with the present complaint.

      The OP has filed a written statement wherein it has claimed that
the complaint is not maintainable and is liable to be dismissed.
Para 2 of the preliminary objection of  written statement filed by the
OP reads   as under:

   2. The real facts of the case are as under :

That the complainant had joined the respondent on 16/6/2014 for the
treatment of reducing of his weight. At the time of his admission, her
weight was 100.6 Kgs. and the respondent has assured the complainant
that they will reduce his weight upto 20 Kgs. The respondent provide
his best services to the complainant for the above said treatment and
as approx. 2 Kgs. weight of the complainant has been reduced i.e.
approx. 98 Kgs. just after the treatment from 16/6/2014 to 29/6/2014
13 days treatment but the complainant leaved the said course by laming
excuses and did not take proper diet during the gap period. When the
complainant again joined the respondent at that time his weight was
increased up to 01 Kg. But the respondent again gave their best
treatment to the said complainant and his weight was again reduced up
to 01 Kg. but the same incident was happened by the complainant day by
day due to which his weight could not reduce. Keeping in view the
problems of the complainant, the respondent advised him to take
Ayurvedic message for taking relief from the said increased weight as
he was not continued for taking the treatment, hence the respondent
provided her costly Ayurvedic Message on the meager amount of Rs.
30,000/- Fee Charges, which was taken by the respondent at the time of
admission of the complainant. Copy of treatment record is enclosed
herewith for the kind perusal of this Hon'ble Forum. It is also
submitted that the respondent did not take a single penny from the
complainant for the above said extra treatment and given their best
the complainant, who did not follow the instructions and directions of
the respondent and their instructor for the loss of weight. From the
said fact, it is clear that the complainant has not come with clean
hands before this Hon'ble Forum and has taken false, fabricated and
concocted plea just to take relief from this Hon'ble Forum and also
lame false and fabricated and concocted allegations against the
respondent for taking huge amount from the respondent on the basis of
her wrong contention. Rather the respondent is suffering from mental
tension and harassment from the act and conduct of the complainant,
hence, the respondent is entitled to get compensation from the
complainant for her wrong act and conduct. In spite of this the
respondent is ready to provide best treatment to the complainant for
his weight loss without any extra charge".



    On merits the OP has admitted that the complainant had approached
the OP for weight loss procedure and was asked to pay a sum of Rs.
30,000/- . It has , however , denied that the complainant had attended
the clinic of the OP regularly and instead of losing weight  had
gained the same .  It has claimed that the claimant did not join the
clinic continuously and many times left the course due to which he
could not loss weight.   Para 6 of the para wise reply is also
relevant and is reproduced as under:-

6. That in reply to Para No. 6 it is submitted that due to their
awareness about the health and not follow the instructions and
directions of the instructor of the respondent as well as instruction
of the respondent in this regard, the weight of the complainant could
not loss. It is submitted that as-and when the complainant took proper
treatment from the respondent, his weight got loss and copy of the
same is enclosed herewith for the kind perusal of this Hon'ble Forum.

      The OP has denied that it had asked the complainant to pay
another sum of Rs. 30,000/- and has claimed that the complainant had
levelled false allegations in order to take relief from this court.
The OP has denied any deficiency in service on its part and has prayed
that the complaint be dismissed.

       In support of his complaint ,the complainant has filed his own
affidavit  dated 17.8.2014 wherein he has corroborated the contents of
the complaint.

  No evidence has been led by the OP who infact did not participate in
the proceedings at the stage of its evidence and was ordered to be
proceeded with ex-parte.

We have heard arguments advanced at the bar and have perused the record.

                          As already stated the complainant has filed
his own affidavit wherein he has supported the contents of the
complaint.  He has deposed that he was assured that he will be able to
shred 20 kg of weight within a span of four weeks .  The original bill
which has been annexed with the affidavit of the complainant also
shows that the complainant was taking treatment for a weight loss of
20 kg.  The complainant has further deposed that even after taking
treatment of the OP for the period of four weeks , there was no
perceptible loss in his weight .  The complainant had started taking
treatment with the OP when his weight was 100.6 kg. The targeted
weight was 80.6 kg the e documents file by the OP in its written
statement shows that the complainant had shred only 2 kg of weight
during the course of the treatment.   The OP has not filed any
evidence to support its defense that the complainant was not regular
in taking the treatment or had not adhered to the instructions given
to him.   In the absence of any evidence from the  OP we are
constrained to hold that  the  OP was guilty of deficiency in service
towards the complainant.       It had promised to reduce   the weight
by 20 kg  but  he treatment given to him had only  reduced his weight
by 2 kg .         It is , therefore, clear that the service taken by
the complainant was of no use  for which a huge sum of rs 30,000/- was
charged.  Accordingly, we direct the  Op as under::

1.    Refund to the complainant the amount of Rs. 30,000/- received from him  .

2.    Pay to the complainant a sum of Rs. 5,000/- as cost of litigation ,





The OP shall pay this amount within a period of 30 days from the date
of this order failing which they shall be liable to pay interest on
the entire awarded amount @ 10% per annum.  IF the OP fails to comply
with this order, the complainant may approach this Forum for execution
of the order under Section 25/27 of the Consumer Protection Act.

          Copy of the order be made available to the parties as per rule.

    File be consigned to record room.

          Announced in open sitting of the Forum on.....................