A consumer commission in Tamil Nadu has ordered a wellness clinic to refund Rs 51,200 to a client who discontinued a weight-management package after attending only four of the scheduled ten cryotherapy sessions.
Alongside the reimbursement, the bench comprising President T Sekar and member K Velumani directed the establishment to pay Rs 25,000 as compensation for the mental agony and inconvenience suffered by the complainant, in addition to Rs 10,000 to cover her legal expenses.
Under Section 2(11) of the Consumer Protection Act, 2019, the commission held that the clinic’s failure to justify retaining payment for uncompleted services amounted to a deficiency in service. The panel noted that the business failed to submit any contractual grounds allowing it to keep the full package price, nor did it show the proportionate cost of the four sessions the complainant had already used.
Adverse Reactions and Discontinued Sessions
According to the complaint, the woman approached the clinic after encountering an advertisement for its weight-reduction services on social media, where staff assured her that she would lose weight. She subsequently paid for a ten-session cryotherapy programme.
However, she ceased attending after four sessions, claiming that rather than losing weight, she gained it. She also reported developing a cold, fever, and a runny nose, which she attributed to the freezing temperatures used during the sessions, prompting her to approach the consumer commission for a refund and damages.
Failure to Justify Retained Fees
In reviewing the evidence, the commission observed that the complainant failed to provide medical records demonstrating that her illness was a direct result of the cryotherapy treatment.
Nevertheless, the panel ruled against the clinic on commercial grounds, observing that the company bore the obligation to prove satisfactory completion of the contracted services. Because the clinic could not establish that the retained funds corresponded to services actually provided, the commission determined that full financial liability for the incomplete service package rested with the provider.
