A consumer commission in Tamil Nadu ordered a wellness clinic to pay around Rs 86,200 to a woman who enrolled in a 10-session cryotherapy weight-management package but attended only four sessions and did not receive the full service she paid for.
According to an Indian Express report, the commission awarded Rs 51,200 as a refund, plus Rs 25,000 for mental agony and Rs 10,000 for litigation costs. The panel held that the clinic failed to justify keeping the money for an incomplete and unsatisfactorily performed package.
The complainant said she approached the clinic after seeing a social media advertisement for its weight-reduction programme, where staff allegedly assured her of weight loss. She opted for a 10-session cryotherapy package, a treatment that uses very low temperatures and is marketed by some wellness centres as a tool for fat reduction and metabolic boost.
She later told the commission that after attending some sessions she developed a cold, fever and a running nose, which she attributed to the low temperatures used during cryotherapy. She also claimed that instead of losing weight, she gained weight, and ultimately attended only four of the ten sessions before discontinuing, the IE report stated.
On that basis, she moved the consumer forum seeking a refund of the amount paid and compensation for the inconvenience and alleged deficiency in service.
Clinic fails to prove value of 4 sessions
The commission—President T Sekar and member K Velumani—noted that while the woman alleged health issues during treatment, she did not produce medical records linking her cold, fever and running nose directly to the cryotherapy sessions. However, the panel said the core issue was not just the side-effects claim but whether the clinic could show it had delivered the full service or even a proportionate value for the amount retained.
The clinic, according to the order, could not demonstrate that the four sessions actually availed justified keeping the entire fee, or any contractual or pricing basis for retaining the full payment despite the package remaining incomplete.
“This Commission is of the considered view that the first opposite party has failed to establish satisfactory performance of the paid service package and has failed to justify retention of the amount paid for the service which remained incomplete. Such failure amounts to deficiency in service under Section 2(11) of the Consumer Protection Act, 2019,” the order said.
“Liability for refund of the amount paid towards the unperformed or unsatisfactorily performed service must rest upon the first opposite party (clinic), which received the consideration for rendering the service.”
Refund, compensation and costs
Given the clinic’s failure to substantiate the value of services rendered or to show that the promised package was satisfactorily delivered, the commission held that retaining the full fee was unjustified, the Indian Express report further added.
It directed the clinic to pay:
- Rs 51,200 as a refund for the unperformed/unsatisfactorily performed portion of the package
- Rs 25,000 as compensation for inconvenience and mental agony
- Rs 10,000 towards litigation costs
- The total payout comes to Rs 86,200
The ruling highlights that when a customer pays for a fixed-session package, the service provider must either show that the agreed services were provided or have a reasonable, clearly stated basis for keeping the money when only part of the package was used. Without this, retaining the full amount may be treated as a deficiency in service under the Consumer Protection Act, 2019.
For people facing similar disputes with gyms, slimming centres, dermatology or wellness clinics, the order suggests that documentation matters i.e, keep copies of advertisements, brochures, payment receipts, session logs, messages with staff and any written terms on refunds or cancellations.
Consumers can seek help through their state consumer helpline (Tamil Nadu: 044-285-92828) or the National Consumer Helpline at 1915.