Clinic told to refund Rs10K fee to city man

Failed to attend weight loss course due to brain tumour operation

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Ramkrishan Upadhyay

Tribune News Service

Chandigarh, September 10

The District Consumer Disputes Redressal Commission, Chandigarh, has directed M/s Clinic Dermatech Private Limited, Sector 9-C, here, to refund a fee of Rs10,000 to a person who failed to attend the weight loss course due to the operation of brain tumour.

The Commission also directed the clinic to pay Rs3,000 as compensation for causing mental agony and harassment and Rs2,000 as cost of litigation to the complainant.

Sarbjit Singh, a resident of Sector 44, Chandigarh, in a complaint filed before the Commission, said he approached the clinic with a view to reduce his weight. The clinic management assured him that in case he availed of its services, his weight would be reduced within two months. After the assurance, he availed of its services in January 2018. Even after attending approximately 14 sessions, he did not get the desired result.

He said the management further directed him to avail of 14 more sessions, following which he paid Rs10,000 more to the clinic. However, due to health problems after being operated upon for brain tumour, he could not avail of the services of the clinic. After recovering, he requested the clinic to refund the amount, but it failed to do so.

Alleging that the act amounts to deficiency in service and unfair trade practice on part of the clinic, he filed a complaint.

The Commission said since none appeared on behalf of the clinic, it was proceeded against ex-parte. After examining the records, the Commission said since no services were provided by the clinic, it was highly unethical on part of it not to return the amount of the complainant despite requests.

The Commission said in view of this, the clinic was directed to refund Rs10,000 to the complainant. The Commission also directed the clinic to pay Rs3,000 as compensation for causing mental agony and harassment and Rs2,000 as cost of litigation to the complainant. It also directed the clinic to comply with the order within a month.