Fitness firm told to compensate customer

CHENNAI: The district consumer disputes redressal forum, north Chennai, has ordered a private fitness company to pay a fine of Rs 55,000 along with a refund of Rs 23,000 collected as fee to a city resident who developed medical complications after he joined a weight reduction programme offered by it.

K Mohan of Purusawalkam said that as he was overweight, he was “attracted by the advertisement of Kolors Healthcare Pvt Ltd” on television for a weight-loss package of Rs 33,000. As the fitness company was

ISO

complaint, he joined the programme.

On the first day, he was asked to wear a “heated coat” for 45 minutes. He removed it as the coat was uncomfortable. Mohan was then provided with a abdomen massage in the second session. “It was very rough and I felt severe pain and the massage was not stopped until I shouted at them,” said Mohan in his petition. For the next few sessions he was provided only with “flap vibrator treatment”, which too did not yield any result, and he discontinued the programmme.

Because of the sessions, Mohan suffered complications in his lower abdomen and urinary tract. As he had paid an instalment of 23,000 to the fitness centre, he issued a legal notice on May 25, 2015 demanding a refund, but it went unreplied. Mohan then moved the district forum claiming compensation for negligence and deficiency in services along with a refund.

A bench comprising president

K Jayabalan

and member

T Kalaiyarasi

said that despite being served with the forum’s notice, the fitness company failed to appear before it. So it was set ex-parte (proceedings to continue in the opposite party’s absence). “The opposite party (the company) did not appear for the notice issued by the legal service authority in respect of the complaint made… the above evidence and pleading clearly establish that the opposite party committed deficiency in providing sevice…” said the bench adding that the fitness company did not provide any evidence to rebut Mohan’s arguments.

Saying the private company was guilty of deficiency in service, the bench said Mohan had to be compensated for the severe pain he underwent. It directed the company to refund 23,000 along with 50,000 as compensation for negligent treatment and for have caused mental agony along with 5,000 as litigation expenses.