Karnataka - Bangalore   

Consumer court asks fitness firm to refund fee to client

Staff Reporter

Company charged with issuing misleading advertisement, told to pay for legal cost

BANGALORE: A firm promised to reduce 17 kg of weight of a person without any crash diet, medicines, and meal supplements. This could be done by following a one-year programme, the firm's advertisement said, claiming that it had no side affects and there will be no exercises.

Believing the advertisement, Gurdeep Kaur joined the programme. She could only reduce her weight by 5 kg in seven weeks.

On a complaint, the third Additional Bangalore Urban District Consumer Disputes Redressal Forum asked the firm, The Body Care, on Sankey Road, to not only refund the programme fees but also pay Rs. 25,000 as litigation costs.

Colourful campaign

It was a colourful advertisement published in an English daily that attracted Ms. Kaur.

In the advertisement, the firm published photographs of obese people who turned slim and happy after following the "Body Care, Weight Loss, Inch Loss" programme.

She joined the programme on December 12, 2004 by paying Rs. 10,000.

She was given a long diet, asked to walk every day for an hour, and apply anti-cellulite oil that cost Rs. 550.

No significant change

After attending 70 sessions of the programme, she could reduce only 5 kg.

"I felt weak and I found it difficult to perform my regular job," she said in the complaint. She stopped the treatment after May 17, 2005.

In its reply, the firm said the programme was custom-made and designed by consulting fitness experts, dieticians, and other specialists.

The firm made a note in the treatment record that Ms. Kaur had not followed diet and was unable to exercise. This note, the Consumer Forum said, was made two months before Ms. Gaur quit the programme.

Anti-cellulite oil

In the judgement, the District Consumer Forum said the advertisement of the firm had misled people and this amounted to unfair trade practice.

The anti-cellulite oil given by the firm, which contains 95 per cent of vegetable oil and 5 per cent of lavender oil, does not have any anti-cellulite effect on the body. The forum said the programme of the firm was deficient under the provisions of Consumer Protection Act.

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