Chandigarh healthcare centre fined after weight loss package failed to deliver result

Ramkrishan Upadhyay

Tribune News Service

Chandigarh, September 21

Holding guilty of deficiency in service, the District Consumer Disputes Redressal Commission-II, Chandigarh, has directed a healthcare centre to pay compensation to a consumer whose weight was not reduced as promised under a weight loss package.

The Commission also directed the centre to refund Rs29,500 fee to complainant Keshav Kumar Thakur.

Thakur said he joined M/s VLCC Healthcare Limited, Sector 35-C, Chandigarh Centre, on September 23, 2018, to reduce 10-kg weight. He joined this centre since it was near to his residence and easily approachable. Accordingly, the complainant’s father made a payment of Rs38,000 to the centre.

Thakur said he regularly joined the centre and reduced half of the committed weight of 10 kg. The centre then offered him to take a further package for 10-kg weight loss on payment of Rs29,500. The complainant’s father accepted this offer and made a payment of Rs29,500 through cheque on November 28, 2018.

He alleged that he did not achieve the first target of 10-kg weight loss as committed by the centre, while another offer was provided to him for another 10-kg weight loss by the centre. He also claimed that the centre, without any prior intimation or hint, shifted their premises to Mani Majra in the first week of January 2019. As it was not convenient for the complainant to reach for fitness training at the newly shifted place, so a request for the refund of the amount was made to the centre, which it declined. The centre, in its reply, denied all charges and claimed that the complainant was satisfied with the services. Therefore, he further purchased a continued treatment for weight loss.

The centre said the complainant had to be present on a regular basis for the treatment and continue a strict diet for desired results, but he did not follow his diet as per the terms of the treatment. It also claimed that merging of the office of the centre was already under process and it was well within the knowledge of the father of the complainant. So, he has been given another offer at the discounted rate, which he accepted for Rs29,500.

After hearing the arguments, the Commission, comprising of president Rajan Dewan and members Priti Malhotra and BM Sharma, held the centre guilty of deficiency in service. The commission said since there was no force majeure or any other circumstance justifying their shifting of premises, there was no reason for the centre to retain the amount of second package provided to the complainant. Since the package was taken for losing the committed weight, the complainant did not even achieve half of the committed result. The deficiency in service on part of the centre was writ large.

The commission said in view of the discussion, the centre was directed to refund the amount of second package i.e. Rs29,500 to the complainant. The centre was also directed to pay an amount of Rs15,000 as compensation for causing mental agony and harassment and Rs8,000 as litigation expenses to the complainant.

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