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Neelima Gupta-Appellant v/s VLCC Health Care Ltd.

    First Appeal No. 802 of 2010
    Decided On, 07 July 2011
    At, High Court of Madhya Pradesh
    By, MEMBER
    For the Appellant: Deepesh Joshi, Advocate. For the Respondent: Vandana Parihar, Advocate.

Judgment Text
Justice S.K. Kulshrestha, President (Oral):

1. This appeal is directed against the order dated 22.1.2010 of the District Consumer Disputes Redressal Forum, Bhopal passed in C.C. No. 930/2006

2. The respondent runs an institute purporting to be for reduction of weight and issued various advertisements through media in this behalf. It was stated that the appellant approached the respondent institute for reduction of weight as she was weighing 93.25 kg. on 11.6.2006 and after payment of र25,847 she joined the course from 12.6.2006.

3. Although it was advertised that the persons are not subjected to any exercise or dieting, strict diet was prescribed but when this strict diet also did not reduce her weight and she was maintaining constant weight she complained to the respondent and the respondent gave her some tablets (Amiflu 40). Learned Counsel for the respondent has submitted that in the advertisement itself it was mentioned that result may vary from person to person which contradicts the guarantee but in the case of the appellant it is clearly mentioned on the receipt itself "up to 15 kg. weight loss". Learned Counsel dwelling on the word "up to" has strenuously urged that there was no guarantee of reduction of weight by 15 kg. Even if "up to" is read, as to the extent, it requires substantial reduction of weight while the weight of the appellant continued as before. The District Forum has directed refund of र16,225 already paid by the respondent, while she paid र25,847, we are of the view that in the case of the appellant and the consequences she had to face she deserves full refund of fees र25,847 and compensation. Accordingly, this appeal is partly allowed and the amount of र25,847 is directed to be refunded to the appella

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nt within a month failing which the amount shall carry interest @ 9% p.a. till payment. A sum of र3,000 be also paid towards mental agony to the complainant. Appeal partly allowed.