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Fitness firms must live up to advertised claims

Increase in height, improving colour of skin, weight loss, beautiful hair in days, and the list goes on. Promises like these abound in the market.

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Increase in height, improving colour of skin, weight loss, beautiful hair in days, and the list goes on. Promises like these abound in the market. There is, however, an implicit contract between the statements made in an advertisement and the advertiser is bound to deliver the services or goods advertised, says a judgment of the Union Territory of Chandigarh Consumer Dispute Redressal Commission in Shipra Sachdeva vs VLCC Health Care Ltd. and another.

Shipra read an advertisement from the company  that announced a package in which one could reduce 20 kgs within 5 to 8 months. Shipra paid Rs 33,060 and joined. She was given a set of exercises and diet regime. However, the desired result was not achieved at the end of 8 months. When she talked to the management, she was told that she would have to join an additional package for Rs 6,480.
Shipra paid the amount and underwent extra nine months of treatment, but to no avail. When she complained, she was told that the results vary. She asked for a refund but the request was turned down.

Shipra took the matter to the District Forum at Chandigarh alleging deficiency in service. She demanded Rs 15 lakh in compensation. In response, the company replied that the consumer had given an undertaking at the time of joining that she was aware that results could vary. They further stated that the consumer weighed 92.30 kgs at the time of joining the programme and weighed 75.90 kgs at the time of the last session. They stated that the consumer had taken breaks in the programme in which she gained weight. Based on this, the District Forum dismissed the complaint.

The consumer then took the matter to the State Commission. The commission noted that the consumer had lost only 18.1 kgs in total. The commission found that there was no mention of which part of the programme was missed out by the customer.

Since she had taken a package in which there was a stipulation of loss of 20 kgs for the amount paid, this was clear deficiency of service, the commission held. The consumer was awarded Rs 25,000 as compensation.
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