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


Company & Directors' Information:- VLCC HEALTH CARE LIMITED [Active] CIN = U74899DL1996PLC082842

Company & Directors' Information:- M R HEALTH CARE PRIVATE LIMITED [Active] CIN = U24232UR2006PTC031319

Company & Directors' Information:- HEALTH CARE (INDIA) LIMITED [Active] CIN = U24231TN1988PLC016493

Company & Directors' Information:- J D HEALTH CARE PRIVATE LIMITED [Active] CIN = U15497WB2004PTC097974

Company & Directors' Information:- T. C. HEALTH CARE PRIVATE LIMITED [Active] CIN = U74899UP1985PTC037371

Company & Directors' Information:- Y K M HEALTH CARE PRIVATE LIMITED [Active] CIN = U85100AP2007PTC056256

Company & Directors' Information:- S V S HEALTH CARE PRIVATE LIMITED [Active] CIN = U85110UR1991PTC013184

Company & Directors' Information:- A R K HEALTH CARE PVT LTD [Active] CIN = U24299CH1997PTC020705

Company & Directors' Information:- R S K HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U85100DL1992PTC050311

Company & Directors' Information:- R. N. K. HEALTH CARE PRIVATE LIMITED [Active] CIN = U74900WB2013PTC195733

Company & Directors' Information:- N E HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U85120AS2003PTC007118

Company & Directors' Information:- K R HEALTH CARE PRIVATE LIMITED [Active] CIN = U85110TZ2000PTC009327

Company & Directors' Information:- S S HEALTH CARE PRIVATE LIMITED [Active] CIN = U74899DL1987PTC030080

Company & Directors' Information:- S P HEALTH CARE PRIVATE LIMITED [Active] CIN = U24232WB2003PTC097319

Company & Directors' Information:- A AND A HEALTH CARE PRIVATE LIMITED [Active] CIN = U33112DL2002PTC114051

Company & Directors' Information:- K & K HEALTH CARE PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059782

Company & Directors' Information:- N R P HEALTH CARE PRIVATE LIMITED [Active] CIN = U85300BR2021PTC052209

Company & Directors' Information:- A M C HEALTH CARE INDIA PRIVATE LIMITED [Active] CIN = U85110TN2008PTC066650

Company & Directors' Information:- O. L. HEALTH CARE PRIVATE LIMITED [Active] CIN = U85300WB2017PTC220471

Company & Directors' Information:- S V HEALTH CARE PRIVATE LIMITED [Active] CIN = U85110DL2006PTC145004

Company & Directors' Information:- N & N HEALTH CARE PRIVATE LIMITED [Active] CIN = U85110OR2021PTC036397

Company & Directors' Information:- J. S. HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U51397HR2008PTC037595

Company & Directors' Information:- B M R HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U74999DL2009PTC192000

Company & Directors' Information:- T D HEALTH CARE PRIVATE LIMITED [Active] CIN = U85195WB2009PTC135107

Company & Directors' Information:- D P HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U24231DL2003PTC120730

Company & Directors' Information:- M G HEALTH CARE PRIVATE LIMITED [Active] CIN = U85195MH2001PTC130460

Company & Directors' Information:- N V HEALTH CARE PRIVATE LIMITED [Active] CIN = U74999MH2016PTC280079

Company & Directors' Information:- R P M HEALTH CARE PRIVATE LIMITED [Under Process of Striking Off] CIN = U24233UP2007PTC034056

Company & Directors' Information:- H V HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U24239DL2003PTC121596

Company & Directors' Information:- R M HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC050925

Company & Directors' Information:- S & G HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U51397MP2008PTC020393

Company & Directors' Information:- R AND G HEALTH CARE PRIVATE LIMITED [Active] CIN = U85199KL2003PTC016352

Company & Directors' Information:- P U R V HEALTH CARE PRIVATE LIMITED [Active] CIN = U85100UP2020PTC138218

Company & Directors' Information:- V A HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U85195DL2006PTC153744

    First Appeal No. 802 of 2010

    Decided On, 07 July 2011

    At, High Court of Madhya Pradesh

    By, THE HONOURABLE MR. JUSTICE S.K. KULSHRESTHA
    By, PRESIDENT & THE HONOURABLE MR. PRAMILA S. KUMAR
    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.
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