IN THE CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM

Dated this the 30^th day of June 2022

Filed on: 09.07.2020

PRESENT:

Shri.D.B.Binu President

Smt.Sreevidhia T.N. Member

C.C.No.182/2020

Complainant :

B.Narsing Rao, S/o.Late B.Yadagiri Rao, Nagarjuna Pearlbay Apartment, Flat No.D12C, Puthiya Road, K P Vallon Road, Kadavanthra, Kochi-682 020

(By Adv.P.E.Thomas, 41/3789, 1^st floor, Carmel Centre, Banerji Road,
Ernakulam-18)

Vs.

Opposite party:

M/s.VLCC Health Care Limited, 1^st Floor, Little Flower Commercial Building, Elamkulam, Kochi-682 019.

(Ex-parte)

O R D E R

Sreevidhia T.N., Member

1) A brief facts of this complaint is as stated below:

The complainant submits that his wife Mrs.Padmavathi had paid an amount of Rs.16,236/- towards 6 sessions of glycea facial treatment on 05/01/2020. She has undergone one session just before the onset of corona virus. Since the corona virus has assumed alarming proportions and many people are getting infected, the complainant feels that it is not safe to go ahead with the remaining 5 sessions since the complainant’s wife is a diabetic patient and having a history of pneumonia. The complainant had requested to the opposite party to cancel the package and reimburse the balance amount after deducting the one sitting fee. In spite of the requests made by the complainant, the opposite party is not ready to refund the amount of the 5 remaining sessions stating that they do not have any refund policy and informed that the company will be happy to adjust the unuttered package amount to some other services to the client’s friends and relatives. The complainant also sent an e-mail sating that ‘since the corona virus is causing enormous loss of life in the entire world and no vaccine is available we can’t take the risk of going ahead with the balance sessions’. The opposite party denied the request of the complainant and reluctant to refund the balance amount to the complainant. Hence the complainant approached the Commission seeking an order directing the opposite party to refund the balance amount Rs.13,530/- along with compensation and cost of proceedings Rs.3,000/-.

2) Notice

Notice was issued to the opposite party on 18/08/2020 from this Forum/ Commission. The notice sent to the opposite party was served on 22/08/2020 as revealed by proof of delivery of the postal department. The opposite party never appeared before the Forum/Commission to contest the case. Consequently, they were set ex-parte.

3) Evidence

Evidence in this case consists of the documentary evidence filed by the complainant which were marked as Exbt.A1, A2 series, A3 to Exbt.A5. Exbt.A1 is the Power of Attorney produced by the complainant. The Power of attorney holder of the complainant filed proof affidavit. We have analysed the documents with respect to the contentions raised by the complainant.

4) The issues came up for consideration in this case are as follows:

(1) Whether there is any deficiency of service or unfair trade practice occurred from the side of the opposite party towards the complainant?

(2) Compensation and cost?

5) Issue No. (1)

The complainant submits in his complaint that his wife Mrs.Padmavathi had paid an amount of Rs.16,236/- towards 6 sessions of glycea facial treatment on 25/01/2020 and she had undergone one session just before the onset of corona virus. The complainant has produced a copy of the payment receipt. Exbt.A3 is the copy of the receipt for payment in which the amount date and other details are not clear. The receipt for VLCC Health Care Ltd is marked as Exbt.A4. in which the e-mail id of the opposite party was recorded as

Customer ID 239012406,

Customer Name Bale Rao Sandeep,

Address : S/o.Balerao Narsing Rao, 8-1-523/194 Brindavan Colony

Tolichowki, Hyderabad, Telangana.

The details of the statement of the account shows that an amount of Rs.16,236/- is transferred to the opposite party’s account on 25.01.2020 with a description pospur 37500981 VLVV Health Care 25/01/2020 12.14 with reference No.002506326784.

We have analysed the Exbt.A2 e-mail communications in detail. On 29.06.2020 the opposite party had sent an e-mail to the complainant stating that the opposite party have no refund policy and the company is ready to adjust the unexecuted package amount to some other persons like the friends and relatives of the complainant.

Amount can be adjusted as follows:

1) Continue with the unexpected programme along with the complimentary services.

2) Avail the gift voucher worth/Credit Note against the unexecuted package amount.

3) Transfer the unexecuted programme to a friend/relative.

4) Transfer the unexecuted programme to Beauty Services/available products of choice.

Another e-mail was sent to the opposite party by the complainant on 17.06.2020 seeking the refund of balance sessions of the treatment to be undergone by the complainant by deducting some nominal amount for cancellation of the package. E-mail communications dated 17/06/2020, 13.06.2020 shows that the complainant had booked the glycea facial treatment for Rs.16,326/- a package including 6 sessions and the complainant’s wife had used one sitting just before the onset of corona virus. Exbt.A5 also proves that Rs.16,236/- was transferred to the opposite party’s account from the complainant’s account which is maintained at Canara Bank, Toli Chowki, Telegana in Hyderabad on 25.01.2020.

Based on this communications and the bank transaction made between the complainant and the opposite party, we are of the opinion that the opposite party had committed unfair trade practice towards the complainant. In spite of the repeated requests made by the complainant, the opposite party is not ready to refund the amount for the balance sessions which the complainant has not utilized these sessions because of the pandemic situation of corona virus-19. The dates specified in the e-mail communications clearly proves that the complainant had booked this package just before the onset of covid-19. The Government of India has declared complete lockdown due to the outbreak of Covid-19 by the end of March 2020 and the lockdown continued till the end of May 2020.

Hence we are of the opinion that the opposite party had committed unfair trade practice towards the complainant by expressing unwillingness to refund the balance amount of the facial glycea treatment which is proved from the e-mail communications dated 17/06/2020, 29/06/2020 in which the complainant has stated that he has not interested to undergone the balance 5 sessions due to the outbreak of Covid-19 pandemic situation. Deficiency of service and unfair trade practice is proved from the side of the opposite party towards the complainant. The complainant has paid Rs.16,236/- towards the 6 sessions of glycea facial treatment as proved from document No. 2 and 5. The complainant admits that Mrs.Padmavathi had undergone only one session just before the onset of corona virus.

In the result, we direct the opposite party to refund the balance amount to the complainant after deducting some nominal amount towards the cancellation charges. We are of the opinion that Rs.500/- is to be deducted from the balance amount for cancellation of the balance sessions as a reasonable amount.

6) Issue No. 2

Having found that there was deficiency in service and unfair trade practice on the part of opposite party, we are of the opinion that the complainant is entitled to get the compensation for the deficiency in service on the part of the opposite party and for the hardship and mental agony suffered by the complainant, we fix the compensation amount as Rs.2,000/-. The complainant had to face a lot of difficulties to contest the case before the Commission. Therefore, the opposite party is found liable to pay cost of the proceedings to the complainant at Rs.1,000/-.

7) In the result, we partly allow the complaint and direct as follows:

1) We direct the opposite party to refund Rs.13,030/- to the complainant for the unfair trade practice committed by the opposite party towards the complainant.

2) We direct the opposite party to pay a compensation of Rs.2,000/- and to pay Rs.1,000/- as cost of proceedings to the complainant.

The above order shall be complied with, within 30 days from the date of receipt of a copy of this order.

Pronounced in the open Commission on this the 30^th day of June 2022

Sd/-

Sreevidhia T.N., Member

Sd/-

D.B.Binu, President

Forwarded by Order

Senior Superintendent

APPENDIX

Complainant’s Exhibits

Opposite party’s Exhibits :: Nil

C.C.No.272/2020

ORDER DATED 18/04/2022