A consumer protection authority in Tamil Nadu has mandated a wellness clinic to reimburse a total of Rs 51,200 to a woman who enrolled in a weight-management program but only participated in four out of the ten cryotherapy sessions offered.
During the hearing, President T. Sekar and member K. Velumani noted that the clinic could not adequately justify keeping the payment for services that were not fully delivered. Consequently, they ordered the clinic to provide Rs 25,000 as compensation for the distress caused and an additional Rs 10,000 to cover legal expenses.
The commission stated, “The Commission believes that the first party has not demonstrated satisfactory delivery of the paid service package and has not provided a valid reason for retaining the amount for services that were incomplete. This lack of justification constitutes a deficiency in service as defined under Section 2(11) of the Consumer Protection Act, 2019.”
The complainant reported that she was drawn to the clinic by an advertisement for its weight-loss program on social media, where she was promised effective weight reduction. She opted for a ten-session cryotherapy package based on this assurance.
However, the complainant claimed that after attending the sessions, she experienced cold symptoms, fever, and a runny nose, which she believed were due to the low temperatures used during the treatments. Instead of losing weight, she asserted that she gained weight and attended only four sessions.
Seeking a refund and compensation, she filed a complaint with the consumer commission. Although the complainant alleged that her health issues arose from the treatments, the commission pointed out that no medical evidence was provided to connect her ailments directly to the cryotherapy.
Nevertheless, the commission determined that the clinic failed to demonstrate that the amount retained was proportional to the services actually provided or that the complainant received the full range of services she paid for.
The commission emphasized that the responsibility for refunding the amount for unfulfilled or inadequately performed services rests with the clinic, which had accepted payment for these services. It highlighted that the wellness center did not establish the value of the four sessions the complainant attended or provide a contractual basis for retaining the entire payment for the incomplete package.
As a result, the commission ordered the wellness clinic to return Rs 51,200 and to compensate the complainant with Rs 25,000 for the inconvenience and mental distress caused by the substandard service, along with Rs 10,000 for legal costs.
This case underscores the necessity for wellness clinics to substantiate the claims made about their services and to provide valid justifications for retaining payments for incomplete treatment packages. A failure to prove that promised services were satisfactorily rendered may lead to claims of deficient service under the Consumer Protection Act, 2019.
Individuals with consumer-related issues can reach out to their local consumer helplines or contact the National Consumer Helpline at 1915 for support.
Ashish Shaji serves as a Senior Sub-Editor at The Indian Express (Digital), specializing in legal journalism. He possesses a formal law education and extensive editorial experience, focusing on court developments and significant cases.
With over five years in the field, Ashish has contributed to various specialized legal and professional platforms, refining his ability to convey complex information clearly. His previous roles include work at Lawsikho, Verdictum, and Enterslice, where he gained insights into legal education, high-quality legal news, and the intersection of legal, financial, and advisory services.
