Chandigarh

DF-I

CC/733/2014

Ms. Reva Garg - Complainant(s)

Versus

VLCC Health Care Limited. - Opp.Party(s)

Sandeep Bhardwaj

18 May 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No

:

CC/733/2014

Date  of  Institution 

:

07/11/2014

Date   of   Decision 

:

18/05/2015

 

 

 

 

 

Reva Garg w/o Col.S.K. Garg, R/o H.No. 1101, Rly. Eng. Department (TA) Near Rly Colony, Manimajra, Chandigarh.

 

….Complainant

Vs.

 

1.   VLCC Health Care Limited, SCO No.43, Pocket No.1, 1st Floor, Manimajra, Chandigarh, through its Manager/authorized representative.

 

2.   VLCC Health Care Limited, Regd. Office M-14, GK-II, Commercial Complex, New Delhi 110004 through it Manager/authorized representative.

…… Opposite Parties

 

BEFORE:   SH. P.L. AHUJA          PRESIDENT
MRS.SURJEET KAUR        MEMBER

         

Argued By:    Sh. Sandeep Bhardwaj, Counsel for Complainant.

Sh. Karanvir Singh Jawandah, Counsel for Opposite Parties.

 

PER SURJEET KAUR, MEMBER

 

 

 

          In brief, the Complainant joined the slimming program with the Opposite Parties in November 2013 by paying an amount of Rs.33,400/-. It has been alleged that during the sessions, the Complainant saw the unhygienic condition of the Centre as detailed in para no.2 of the Complaint and brought the same to the notice of Opposite Parties, but nothing concrete was done. Ultimately, during Feb. 2014, due to the unhygienic condition at the Centre, the Complainant suffered Herpes Zoster (Annexure C-1). After recovery therefrom, the Complainant approached the Opposite Parties for refund of the amount, as she did not want to continue with the aforesaid Program in an unhygienic environment. However, on the persuasion of the Opposite Parties, the Complainant got the refundable amount transferred to Beauty Section. It has been alleged that during de-pigmentation treatment, she noticed that the Opposite Parties were using the expired product on her. Photographs of the Sachet are annexed as Annexure C-2. The Opposite Parties tried to get back the empty Sachet from the possession of Complainant used by them on the Complainant, but she did not hand over the same to them. It has been averred that the Complainant exchanged a number of mails with the Opposite Parties for the refund of the amount (Annexure C-3). Failing to get any response, the Complainant registered a DDR on 6.9.2014 (Annexure C-4), but the same did not evoke the desired results. Eventually, the Opposite Parties vide their reply (Annexure C-5), with a view to usurp the amount deposited by the Complainant, relied on certain clauses which were not applicable in the case of the Complainant. When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Parties tantamount to deficiency in service and unfair trade practice, the Complainant has filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs.

 

2.     Notice of the complaint was sent to Opposite Parties, seeking their version of the case.

 

3.     Opposite Parties in their joint reply have pleaded that the allegations levelled by the Complainant in para 2 of the Complaint are vague and baseless in nature. It has been denied that there were shortcomings in the services rendered by them and that the Complainant had ever complained about the alleged condition of the Centre. It has been further pleaded that the certificate of doctor (Annexure C-1) nowhere mentioned that the Complainant contracted the Herpes Zoster from alleged unhygienic conditions at the Centre. On the contrary, it was mentioned therein that “she may have contracted the disease from another person suffering from Chicken Pox/Shingles”. It has been submitted that at the time of her admission, the Complainant was clearly informed that the amount being submitted by her for availing the slimming program package was non-refundable. A copy of the terms and conditions duly accepted and signed by the Complainant is annexed as Annexure OP-1. It has been admitted that as a gesture of goodwill, the Opposite Parties had transferred the remaining value of slimming services to beauty services upon the request of the Complainant. It has been averred that the Opposite Party No.2 has a strict policy regarding usage of products beyond their shelf life. Any products, unused and beyond their expiry date are either recalled or discarded by Opposite Party No.2 and under no circumstances are allowed to be used for customers. The Opposite Party No.1 has never ever used any expired products hence the question of bringing the said fact to its notice Opposite Party does not arise. It has been asserted that DDR entry was nothing but a pressure tactics by the Complainant to extract money from the Opposite Parties. Denying all other allegations and stating that there is no deficiency in service or unfair trade practice on their part, Opposite Parties have prayed for dismissal of the complaint.

 

4.     The complainant has filed a rejoinder, wherein she has reiterated all the averments, contained in the complaint, and repudiated those, contained in the written version of Opposite Parties.

 

5.     Parties were permitted to place their respective evidence on record, in support of their contentions.

 

6.     We have heard the learned counsel for the parties and have perused the record, along with the written arguments filed on behalf of both the sides. 

 

7.     The affidavit of the Complainant coupled with the Complaint shows that she joined the slimming program with the Opposite Parties in Nov. 2013 by paying an amount of Rs.33,400/-. It has been alleged that during the session due to unhygienic conditions at the Centre of the Opposite Parties, the Complainant suffered Herpes Zoster (Annexure C-1) and therefore discontinued further sessions at the Centre of the Opposite Parties. As per Annexure C-5, the Opposite Parties offered the transfer of remaining unused amount of Rs.26,000/- to the Beauty Section. It has been further alleged by the Complainant that during this beauty treatment, an expired product of the Opposite Parties was used on her. Annexure C-2 are the Photographs of the expired empty sachet used by the Opposite Parties on the Complainant. Annexure C-3 are the various e-mail communications between the Complainant and the Opposite Parties with a request to refund the remaining amount of Rs.26,000/-. Annexure C-4 dated 6.9.2014 is a DDR registered by the Complainant with the mention of her grievance over it. As per the Complaint, the act and conduct of the Opposite Parties by receiving huge amount and further not providing the proper services resulted in mental and physical harassment to the Complainant.

 

8.     The stand taken by the Opposite Parties is that as per their terms & conditions the amount paid by the Complainant was not refundable as the same was to be utilized within 80 days. Annexure OP-1 is the copy of terms & conditions duly accepted and signed by the Complainant. But due to goodwill gesture the Opposite Parties offered the transfer of the balance amount of Rs.26,000/- to another program of the beauty clinic. The averments made by the Complainant with regard to getting the disease of Herpes Zoster due to unhygienic conditions at the Centre and thereafter, usage of an expired product on the Complainant has been denied by the Opposite Parties. 

 

9.     So far as the question of getting sick due to unhygienic conditions at the Centre of the Opposite Parties is concerned, there is no evidence on record to show that the doctor of the Complainant advised her not to continue the slimming program with specific mention of its unhygienic conditions. The Complainant has failed to produce an evidence to corroborate her allegations in this regard. Admittedly, the remaining unused amount of Rs.26000/- of slimming package was transferred to beauty services upon the request of the Complainant even after the expiry of the validity period of 80 days of the sliming package. It is relevant to mention that when the previously availed slimming package was transferred to beauty services going beyond the terms and conditions even after a long gap of six months, it is not understandable as to why the genuine request of the Complainant for refunding of the remaining amount of Rs.26,000/- has not been acceded to.

 

10.     Evidently, the empty sachet produced before this Forum during the oral arguments was an expired one. It has also not been denied that the balance amount of Rs.26,000/- is lying in the possession of the Opposite Parties since a long time. Accordingly, we feel that the allegations of the Complainant against the Opposite Parties are duly proved. The Opposite Parties are guilty of committing deficiency in service as well as indulging in unfair trade practice by using an expired product on the Complainant and thereafter, not refunding the balance amount inspite of such a big mistake. Accordingly, we find merit in the Complaint and the same is partly allowed. The Opposite Parties are, jointly and severally, directed  to:-

 

[a]  To refund Rs.26,000/- to the Complainant;

 

[b]  To pay Rs.7,000/- to the Complainant on account of deficiency in service, unfair trade practice and causing mental agony and harassment;  

 

[c] To pay Rs.5,000/- as cost of litigation;

 

11.     The above said order shall be complied within 45 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the amount mentioned in sub-para [a] & [b] above from the date of institution of this complaint, till it is paid, apart from cost of litigation of Rs.5,000/-.  

 

12.     The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

18th May, 2015                                            Sd/-

(P.L. AHUJA)

PRESIDENT

 

Sd/-

(SURJEET KAUR)

MEMBER

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