Due to the negligence of staff at Vibes Slimming Center(JP Nagar, Bangalore) my wife suffered burn injury in her lower abdomen area. She had enrolled for a weight reduction program worth Rs 12000 in July 2018. This happened on the very first session, after which she was not in the condition to continue with the program. She suffered for more than 3 months due to this injury. Since she could not continue and the trauma she went through we decided to request for a refund of the amount we had paid. However, it's been more than 6 months and the Company is refusing to refund the amount. I have copies of the payment receipt and all emails sent to the Center. Unfortunately, due to privacy reasons do not have any photos of the injury/wound. Can this be filed as a case in Consumer court?
Do you have medical reports of injuries suffered by your wife ?
2) correspondence with company wherein you mentioned about injuries suffered in slimming center and replies received ?
3) if so your wife can file complaint against center before consumer forum and seek orders to direct center to refund your money and pay compensation for mental torture undergone by her
Yes, you can and file it immediately for deficiency in service, give all the details first in the application concerning to agreed terms and conditions which shall be on the receipt.
Yes you can file this case in Consumer court.
I do not have any medical reports but have all other correspondence between us and the center.
Yes, you can produce all the documents and talk whatsoever happened between you and center as a evidence.
Rely upon correspondence exchanged with slimming center to make out a case
Yes you can approach consumer court and can seek refund and compensation as there was deficiency in service due to which she suffered injury .
The consumer court if appreciate can grant you refund along compensation.
If not don't worry get it now this is very important, you go to any doctor/lady doctor who will prescribe how much older are the injuries, this is important because court on the basis of this document decide the compensation beside the fees paid by you. Don't say to doctor if she/he ask that you are going to file a case only say that you will claim the amount from your office. If see below the certificate/pad of the doctor in the bottom they are writing that it has not been issued for the medico legal purpose but that is criminal side your case is civil in nature, so go ahead don't worry.
Dear Client,
Photos of may not be available due to inquiry on vital area but medical report/prescription etc is must. If in correspondence it was agree by center about the injury still you claim will not sustain before consumer court without medical report.
Its a fit case to go consumer court and claim not only 12000/- refund but also for claiming compensation for loss(monetary and psychological) suffered by your wife. Before going there make sure you send a legal notice to the vibes.
Issue a legal notice through an advocate and file a complaint in district consumer and claim refund money along with compensation.
Absolutely, this is a fit case to be agitated in the consumer forum. However, you are advised to send a legal notice to this Slimming Centre before you file any case against them.
If any of the correspondences, they have apologised for the injury and discomfort caused to your wife due to their negligence, you have a very string case.
Dear Sir,
It is a very fit case to issue legal notice and file case in Consumer Court for not only amount you paid but also medical expenses and mental torture amounting to Rs.3,50000/-. Normally the moment you issue legal notice they try to settle the matter since their reputation in a market comes down once you approach Consumer Forum and publish the matter in news papers.
Hello,
Send a legal notice to the center at the earliest
if you do not have medical reports then keep handy the medical prescription etc so that you can file a strong case in the consumer forum.
Send a legal notice and thereafter file a case in the District Consumer Forum.
Regard s
You should have a legal notice to VLCC asking them to refund the entire amount paid by your wife along with interest and compensation within 15 days of receipt of a legal notice.
If they fail to do so, you can file a complaint against them in consumer court for deficiency of services and unfair trade practices.
You would need medical reports if you want to prove your case in consumer court.
Even if you have lost the original medical reports you can always get a duplicate copy from the hospital where your wife had sought treatment.
Medical prescriptions can also be used as evidence in court but would not have similar bearing in terms of evidentiary value in court.
You have to make a complaint in the consumer forum along with all the documents you have in the forms of email and let the Wellness Centre prove its version of the story you can clean the compensation legal charges and the fees paid it is good in your path that they have not refunded your fees otherwise you would have not able to go for the complaint in the consumer forum
Dear Sir,
It is social work. You must teach them a lesson. Get issue a legal notice followed by complaint before Consumer Forum. Nominal Court fee will be charged. Available evidence is sufficient.
If you have evidence to prove the negligence of the staff of the organisation due to which your wife suffered this problem, you can first issue a legal notice to the firm demanding explanation as well as compensation for the negligence and deficiency in service.
If you dont proper response then you may approach consumer forum with a complaint seeking relief and also compensation for the mental agony you suffered.
You need to have the medical reports for the injuries your wife suffered due to the negligence of the staff of the firm without which you may not be able to establish your case.
yes file a complaint before consumer court for deficiency in service and negligence.
