2 days ago
Tamil Nadu Commission Orders Wellness Clinic to Pay Woman Rs 86,200
A woman paid a wellness clinic for a package of ten cryotherapy sessions.
She attended four sessions and then stopped.
She said she had health problems and did not lose weight, but she did not provide medical records proving the treatment caused her symptoms.
The consumer commission focused on whether the clinic could justify keeping the money for the unfinished package.
It said the clinic had not shown that the services provided justified keeping the payment.
The commission ordered the clinic to refund Rs 51,200.
It also awarded Rs 25,000 for mental agony and Rs 10,000 for legal costs.
The total award is Rs 86,200.
A Tamil Nadu consumer commission ordered a wellness clinic to pay a woman Rs 86,200.
The woman bought a 10-session cryotherapy weight-management package and attended four sessions.
The award includes a Rs 51,200 refund, Rs 25,000 for mental agony, and Rs 10,000 in litigation costs.
The commission said the clinic did not justify keeping payment for an incomplete package or show that the sessions used justified retaining the fee.
The woman reported cold, fever, and a running nose, but provided no medical records linking those symptoms to cryotherapy.
- Who
- A woman, a wellness clinic, and a Tamil Nadu consumer commission presided over by T Sekar with member K Velumani.
- What
- The commission ordered the clinic to pay Rs 86,200, including a refund, compensation, and litigation costs.
- Where
- Tamil Nadu, India.
- When
- Recently; the reports do not give a specific date.
- Why
- The commission said the clinic failed to justify retaining payment for an incomplete package or establish satisfactory performance of the paid service.
Complainant's claims
Commission's findings
Health effects and weight
Complainant's claims
The woman said she developed a cold, fever, and a running nose after some sessions, attributed them to cryotherapy, and claimed she gained weight rather than losing it.
Commission's findings
The commission noted she had not produced medical records linking the symptoms to the sessions and centered its decision on whether the clinic justified retaining the fee.
Payment for incomplete package
Complainant's claims
The woman sought a refund and compensation after attending only four of the ten sessions.
Commission's findings
The commission found the clinic had not shown that the sessions used justified keeping the fee or established a contractual or pricing basis for retaining the full payment.
Key facts
- Total award
- Rs 86,200
- Refund
- Rs 51,200
- Compensation for mental agony
- Rs 25,000
- Litigation costs
- Rs 10,000
- Package
- 10-session cryotherapy weight-management programme
- Sessions attended
- 4 out of 10
- Legal provision cited
- Section 2(11) of the Consumer Protection Act, 2019
Quotes
Tamil Nadu consumer commission
Consumer commission that adjudicated the woman’s complaint against the wellness clinic
“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.”
indianexpress.com
financialexpress.com
“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.”
financialexpress.com
Sources
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