Nutrition academy Health Total has been directed by the District Consumer Disputes Redressal Commission (Suburban) to refund weight loss treatment fee to a Borivali resident, who decided to not go ahead with the plan at a local branch.
The complainant changed her mind on the same day after paying the fees. As the doctor had examined her, a 5% fee was asked to be deducted from the full amount. The order was given ex-parte as Health Total did not appear despite the summons.
The commission also directed payment of ₹5,000 towards mental agony and litigation cost and that 9% interest per annum be levied on fee if not refunded within 60 days.
The order dated Feb 24 was passed by commission members Preethi Chamikutty and Shraddha Jalnapurkar after a complaint by Mayuri Thakur, who had approached Health Total in Oct 2019. Thakur had to take a prescription for a year to lose weight and paid ₹55,200 for it. However, on the same day she had a change of mind and requested a refund.
Thakur sent a text message and even visited the branch the next day but Health Total refused to give her the refund. She followed up with customer care but when she did not get any respite, she filed a complaint with the Consumer Commission.
Allegations against Health Total unchallenged
Since Health Total did not appear before the Commission, an ex-parte order was passed against her. During the hearing, the commission observed that Thakur was a consumer as she had paid money, and was also examined by a doctor, who directed her how to go about losing weight so it is right to pay for the service. However, since Health Total did not appear, the allegations and documents submitted against it went unchallenged despite there being an opportunity.
Stating that it is unjustified to keep the fees without giving any service, the commission stated that there was deficiency in service on part of Health Total. It then directed that 5% fee be deducted from the total money for the diagnosis and the remaining amount be paid.
