Hyderabad: Kolors Health Care asked to pay Rs 1.35L to auto-rickshaw driver for botched weight loss treatment

Hyderabad: District Consumer Redressal Commission-III, Hyderabad has directed Kolors Health Care to refund Rs 1.30 lakh (along with 12 percent interest) and Rs 5,000 towards litigation costs to a Hyderabad resident for unfair trade practice and damaging his health.

Case details

Perka Ram Babu, an auto-rickshaw driver from Langer House, Hyderabad approached Kolors Health Care for weight loss treatment and paid a sum of Rs 500 and other charges of Rs 5,000. Kolors Health Care assured that they will reduce the weight of Ram Babu. The healthcare center fixed the rate for the services at Rs 1.30 lakh.

Kolors provided loan to Ram Babu without his consent

Kolors Health Care staff even informed Ram Babu that they would provide a loan facility also and without his consent Kolors Health Care staff has completed the loan process for Rs 1.30 lakh from “FIBE DO”. Kolors Health Care staff informed Ram Babu to pay Rs 14,000 EMI every month for 12 months. Ram Babu was forced to accept that loan transaction and thereafter, he joined for treatment with 2-3 sessions.

Ram Babu felt pain in his back and wanted to stop the treatment, but Kolors Health Care assured him that the pain was not permanent and he would be relieved after losing the weight. But Ram Babu’s pain worsened within one month of starting the treatment i.e. after 15 sessions only, he got scared and immediately stopped the treatment after one month. Kolors Health Care failed to provide proper treatment to Ram Babu.

Ram Babu's financials are poor

Ram Babu has no such income for paying EMI of Rs.14,000 and he was financially struggling to make ends meet with his meagre income. Due to the improper treatment of Kolors Health Care and pain left Ram Babu bedridden for several days, causing him huge loss. Moreover, Ram Babu was not in a position to pay the monthly EMI’s as such he requested Kolors Health Care to refund the amount and close the loan, but they refused to do so.

Kolors Health Care failed to pay the claim amount despite several requests by Ram Babu. Vexed with the attitude of Kolors Health Care, Ram Babu knocked on the doors of the Commission for redressal of his grievance for the deficiency of service by Kolors Health Care. Despite receipt of the notice on February 13, 2024 (as per the track report) Kolors Health Care failed to appear and was non-filing of the written version within the stipulated period.

The Commission noted that the damages caused to the health of Ram Babu and the refund amount by him by paying Rs 1.30 lakh is established by evidence which is not rebutted by Kolors Health Care and failure to refund the amount is not only a deficiency in service but amounts to unfair trade practice.

Therefore, the Commission directed Kolors Health Care is liable to refund on amount of Rs 1.30 lakh along with interest of 12 percent from the date of payment, from October 22, 2023, till the date of realization and litigation cost of Rs 5,000 to Ram Babu.