DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. 166/2015
Date of Institution - 11/03/2015
Order Reserved on 02/01/2017
Date of Order - 03/01/2017
In matter of
Mr S N Rajora, adult
S/o Late Sh Shiv Lal
R/o E 135 Jhilmil Colony
Shahdara, Delhi 110032……....………..………………………Complainant
Vs
M/s Vibes Health Care Ltd
G 13, 1st Floor, Preet Vihar
Main Vikas Marg, Delhi 110092…….…..…………………….Respondent
Complainant’s Advocate Ajay Kumar
Opponent Rishav Gupta
Quorum Sh Sukhdev Singh President
Dr P N Tiwari Member
Order by Dr P N Tiwari, Member
Brief Facts of the case
Complainants who was an inspector in Delhi Police wanted to reduce his body weight quickly to look smart and fulfill his duties, approached OP and under package schedule from OP, paid a sum of Rs 40,000/ vide receipt no. 2398 on dated 04/12/2014 marked as CW1/1 under two months beauty treatment schedule. He had 97.5Kg body weight at the time of taking admission at OP centre.
Complainant stated that OP assured for getting weight reduction by 10 Kg in two months and reduce the double chin and fatty face. When complainant did not get any reduction in his body weight in first month, made complaint to OP who assured for reduction of weight in his time schedule. But even after completion of two month, he got only two kg reduction of his body weight and no other changes in his face.
So felt cheated and wasted his time and money and got mentally harassed by OP, so sent a legal notice on 04/02/2015 vide annexure as CW1/ 2 & 3 as postal acknowledgments. When no satisfactory reply was received from OP, he filed this complaint claiming refund of total amount paid to sum Rs 40,000/-with mental harassment Rs one lac and consequential losses to Rs 30,000/- and litigation charges Rs 20,000/-.
Notice was served. OP filed written statement and denying all the allegations put by complainant. It was admitted that the complainant had taken admission in slimming centre for his body weight reduction as per amount receipt of R 40,000/- which were paid in cash. It was marked as RW1/1. But complainant had left the sitting after two months without information where as he had to take full course of slimming treatment as explained by OP. So he was not entitled for any claim or refund.
OP submitted that their many centre were running under the same name and had good reputation in the public. Complainant had visited at their Preet Vihar , Delhi centre and a detailed schedule was discussed as per their slimming and laser treatment schedule where he was explained in detail and total amount was as lipo laser treatment for Rs 4999/- per sitting and would require about 3-4 sittings. Meso therapy for abdomen Rs 5,000/-per sittings and would require 5 sitting. Similarly face laser treatment would require ten sittings and would cost Rs 2500/- per sitting. In all, a package was offered for a sum of Rs 50,000/- but complainant paid Rs 40,000/- as cash on same day and did not pay the remaining balance of Rs 10,000/- The slimming documents were annexed as RW1/2 to 4. OP stated that weight reduction under package require about 4-5 months for desired effect.
It was submitted by OP that no guarantee was ever given for weight reduction under agreed time as weight reduction depends upon individual body weight and dietary schedule. Complainant had put his signature on the two sittings and had written as ‘Services very good’ as marked here as RW1/5.
OP had also submitted dietary counseling chart and Mesotherapy schedule for Tummy / abdomen on dated 10/01/2015 which was signed by complainant marked here as RW1/6 and
four Lipo laser therapy record with one lipo sitting complimentary given as marked here RW1/7. Complainant had put remark as very good services. As per OP records, complainant got reduction of body weight about 02 kg in two months and reduction of abdomen girth by 10 cm.
It was also submitted that the complainant had also taken such package from VLCC and used his influence of Delhi Police as inspector for refund of package amount. Complainant had last visited on 30/01/2015 and thereafter discontinued slimming treatment without informing.
OP submitted that there was no deficiency in their services or negligence on their part, so complaint be dismissed. Complainant did not file rejoinder but filed evidence as a copy of complaint. OP did not appear after filing written statement and evidences. Even after sending notices for appearance of OP, they failed to appear so case was proceeded Ex Parte. Arguments were heard and order was reserved.
After perusal of all the facts and evidences on record in this complaint, it has been noticed that complainant had taken admission at OP slimming centre for getting his body weight reduced from 97 kg and slimming of his tummy and double chin. Complainant paid Rs 40,000/- but did not pay the balanced amount under package as agreed between the parties.
It was also evident from the annexures filed by OP with their written statement that complainant had obtained result by taking reduction treatment and his weight had reduced to 2 kg. Thereafter complainant did not avail further slimming sittings. Also complainant had not submitted any concrete evidence or literature which could prove that 10 kg weight could be reduced in two months. There was no evidence filed by complainant which could prove that OP had failed in their package program and complainant suffered mental agony.
We have also seen that over weight persons do not get required weight loss in a stipulated time frame as reduction of body weight means correcting disturbed body metabolism.
There are numerous factors which are responsible for excess deposition of fat in the body. Only scientifically proven methods under allopathy can reduce the excess body fat by liposuction method which require experienced and qualified surgeons, otherwise all such process results in sudden disturbance of metabolic system and put excess load on heart and liver which may result fatal in some cases.
Hence, we are the opinion that this complaint has no merit and the same deserve to be dismissed, so complaint is dismissed without cost.
The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.
(Dr) P N Tiwari – Member Shri Sukhdev Singh - President
