Attended 4 out of 10 weight loss sessions, woman wins Rs 86,200 from wellness clinic

The complainant said that she approached the clinic after seeing an advertisement for its weight-reduction programme. (Image generated using AI)

A consumer commission in Tamil Nadu recently directed a wellness clinic to refund Rs 51,200 to a woman who enrolled in its weight-management programme but attended only four sessions of a 10-session cryotherapy package.

President T Sekar and member K Velumani observed that the clinic failed to justify retention of the amount paid for the service, which remained incomplete, and ordered it to pay Rs 25,000 as compensation for mental agony and Rs 10,000 towards litigation costs.

“This Commission is of the considered view that the first opposite party has failed to establish satisfactory performance of the paid service package and has failed to justify retention of the amount paid for the service which remained incomplete. Such failure amounts to deficiency in service under Section 2(11) of the Consumer Protection Act, 2019,” the order read.

Weight loss program

The complainant said that she approached the clinic after seeing an advertisement for its weight-reduction programme on social media. According to her complaint, the clinic’s staff assured her of weight loss. It was stated that she opted for a 10-session cryotherapy package.

The complainant alleged that she developed cold, fever and a running nose after attending the sessions, which she attributed to the low temperatures maintained during the treatment. She further claimed that she gained weight instead of losing it and attended only 4 sessions.

The complainant thus moved consumer commission seeking a refund and compensation.

The commission noted that though the complainant had alleged that she suffered cold, running nose and fever during the treatment, but no medical records were produced to establish that such ailments were directly caused by the Cryotherapy treatment.

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It however found that the clinic could not prove that the amount retained by it was proportionate to the services actually rendered or that the complainant received the complete service for which payment was made.

“Liability for refund of the amount paid towards the unperformed or unsatisfactorily performed service must rest upon the first opposite party (clinic), which received the consideration for rendering the service,” the commission said. It noted that the wellness clinic fail to establish the proportionate value of the four sessions admittedly availed by the complainant or any contractual basis for retaining the entire amount paid towards the incomplete package.

It therefore directed the clinic to refund Rs 51,200 and pay Rs 25,000 as compensation for the inconvenience and mental agony caused by the deficiency in service and Rs 10,000 towards litigation costs.

Takeaway

Wellness clinics must substantiate claims about the services they offer and justify retaining payments for incomplete treatment packages. Failure to establish that the promised services were satisfactorily delivered can amount to deficiency in service under the Consumer Protection Act, 2019.

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For consumer-related grievances, individuals may contact the consumer helpline in their respective states and Union territories (Tamil Nadu: 044-285-92828) or call the National Consumer Helpline at 1915 for assistance.

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Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More