BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complaint  Case No  :1380 of 2009

Date of Institution :  12.10.2009

Date of  Decision   :  30.04.2010

Smt.Raksha Devi w/o Sh. Chaman Lal, resident of H.No. 1000, 1^st Floor, Sector 41-A, Chandigarh, now resident of Flat No. 1060, Sector 48-B, Chandigarh.

 ……Complainant

V E R S U S

1]   VLCC Health Care Ltd., having its Corporate Office at S-22/6, D.L.F. Phase-III, Gurgaon – 122002.

2]   VLCC Health Care Ltd., Registered Office at M-14, Greater Kailash, Part-II, Commercial Complex, New Delhi – 110048.

3]   VLCC Health Care Ltd., SCO 425-426, 1^st Floor, Sector 35-c, Chandigarh.

.…..Opposite Parties

CORAM:     SH.LAKSHMAN SHARMA              PRESIDENT

          MRS.MADHU MUTNEJA             MEMBER

PRESENT: Sh.Aman Behl, Adv. for the Complainant.

         Sh.Ashim Aggarwal, Adv. for the OPs.

PER MRS. MADHU MUTNEJA, MEMBER

        The present complaint has been filed by Smt. Raksha Devi – Complainant, seeking refund as well as punitive damages from VLCC for non-payment of amount due.

        The case made out by the Complainant is as under.

        Allured by various advertisements of the OPs, who are in the trade of slimming and weight reduction courses, the Complainant who is above 60 years of age and a retired lady, approached OP No. 3 in the month of October, 2008 to avail a Package Course to reduce weight. She was registered under Package No. 081031035 by paying Rs.8,651/-. The amount was paid by cheque. However, due to personal and health  reasons, the Complainant did not avail this course. She has stated that she did not attend even a single training session. Therefore, the Complainant along with her son approached the office of OPs to refund the money deposited by her.

2]      Initially, OP No.3 assured her that the entire fees paid would be refunded after due compliance of the procedure and approval from their Head Office, and the refund would be made within 15 days. But despite various visits and reminders, the OPs did not pay the amount. This act of the OPs in not paying back the amount, according to her amounts to deficiency in service and unfair trade practice.   

3]      Notice of the complaint was sent to OPs seeking their version of the case. 

4]      OPs in their joint written statement have admitted that the Complainant approached OP No. 3 in the month of October, 2008 and enrolled for a weight reduction package by paying an amount of Rs.8651/-. A receipt bearing all terms and conditions of the package was issued to her. It was also admitted that the Complainant did not attend a single session. But they have denied that Complainant was given any assurance that any refund would be made.

5]      The OP have pleaded that the Complainant was very much aware that no refund was permissible and the amount could only be converted into another package after deduction of 20% of the amount paid. The Complainant maintained silence for 9 months after enrolling and contacted the OP only around 21^st July, 2009, to request for refund/ conversion of package. Despite the delay, the OPs acting fairly offered to adjust the amount against another package without making any deduction. The Complainant was requested to visit the Centre and complete the formalities for such conversion/ transfer, which she failed to do, and instead filed the instant Consumer Complaint.

6]      All other material contentions of the Complainant were controverted. Pleading that there was no deficiency in service on their part, a prayer has been made for dismissal of the complaint.

7]      We have heard the learned counsels for both the parties and perused the evidence led by both parties in support of their contentions.

8]      It is a very simple case, where a senior citizen wished to avail the services of the OPs and thus, paid for a Package for weight reduction. She paid Rs.8651/- by Cheque at the Chandigarh Centre of the OPs. However, due to personal and health reasons, she could not avail of this course and did not attend even a single training session. The OP No. 3, on being approached, had promised her that the entire course fee would be refunded, but the process would take some time. However, unfortunately, the lady is still waiting in vain for the money. 

9]      The OPs, in their joint reply and at the time of arguments, have averred to the following terms & conditions: -

“Money once deposited is not refundable. However, it can be adjusted towards any other package after deduction of 2% of the amount paid.”

        To show their good offices, they have offered that 20% would not be deducted from the new course, therefore, the lady is free to come and take an alternate package, which suits her and avail of their facilities.

10]     Even, if it is admitted that the amount in contention deposited with the OPs, is non-refundable, the case has to be considered in the light that the Complainant is a senior citizen and if she does not wish to carry on with the facilities offered due to health reasons and age factor, she should get a refund.

11]     We are, therefore, of the opinion that the OPs should refund all money paid by the senior citizen to them, without deducting any amount from it, especially since she has not even visited their training center to try out the facilities even once.

12]     This complaint is hereby allowed. OPs are directed to:-

i)  To refund Rs.8,651/- paid by the Complainant as Package Course Fee.

ii) To pay a sum of Rs.5,000/- as litigation cost.

13]     The aforesaid order be complied with by the OPs, within a period of one month from the receipt of its certified copy, failing which the OPs shall pay the said amount of Rs.8,651/- along with interest @12% per annum from the date of deposit i.e. 31.10.2008, till the date of realization, along with the cost of litigation.

14]    Certified copies of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

30.04.2010                                       sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                            Sd/-

(MADHU MUTNEJA)

MEMBER

‘Dutt’