Bengaluru District Commission Holds VIBES Healthcare Liable For Imposing One-Sided T&C On Customer For Anti-Obesity Treatment

Brief Facts:

Smt. Rajitha Kalprdha (“Complainant”) planned to enhance her appearance following Bariatric Sleeve Surgery. She contacted VIBES Healthcare Limited (J.P. Nagar, Bengaluru), the service provider, which offered a package that included "RF Abdomen Tightening" and "Aroma Veda Therapy." This package was presented as part of an ongoing "Anti-Obesity" offer with special discounts. An employee of VIBES insisted the Complainant enrol for the offer immediately, assuring her of a free initial session, which would be fully refundable if she was dissatisfied.

Relying on these assurances, the complainant paid Rs. 40,000/- as a security deposit, using her daughter's debit card. After her first free session, she experienced severe pain due to health issues post-surgery. Her doctor advised her against undergoing further skin toning services from VIBES. Upon requesting a refund, VIBES refused, citing their terms and conditions, which declared the payment as non-refundable. Despite multiple email exchanges, VIBES did not provide a satisfactory response. They maintained that the terms and conditions, outlined in the invoice, unequivocally stated that the payment was non-refundable. The complainant sent a legal notice, but VIBES did not initiate a refund. She subsequently filed the consumer complaint in the Bengaluru-IV Additional District Consumer Disputes Redressal Commission (“District Commission”), seeking a refund, compensation for pain and suffering, and costs associated with the proceedings.

In response, VIBES argued that their Terms and Conditions (“T&C”), which explicitly stated that the payment was non-refundable, were self-explanatory and legally binding. They cited these terms and conditions in their responses to the complainant's emails and in their response to the legal notice. VIBES contested the complainant's claim for a refund, asserting that the complainant had willingly paid the amount and that the conditions for non-refundability were well-documented.

Observations by the Commission:

The District Commission found that VIBES's reliance on their T&C as the basis for denying a refund was questionable. It noted the T&C were unilateral and arbitrary, designed primarily for the benefit of VIBES. Such conditions were considered inconsistent with legal principles and not tenable. The District Commission highlighted that such one-sided conditions were not legally valid and should be considered illegal, as they conflicted with fundamental principles of law and fairness.

The District Commission, after considering the evidence and arguments, opined that there was a clear case of deficiency in service and an act of unfair trade practice on the part of VIBES. Consequently, it directed VIBES to refund the security deposit of Rs. 40,000/- that the complainant had paid for their services. Additionally, it awarded the complainant a compensation of Rs. 1,00,000/- as redress for the deficiency in service and the pain and suffering she had experienced due to the services offered by VIBES. In recognition of VIBES's engagement in unfair trade practices, the District Commission further granted the complainant an additional compensation of Rs. 5,000/-. VIBES was also directed to bear the costs of Rs 5,000/- associated with the proceedings.

Case Title: Rajitha Kalprdha vs VIBES Healthcare Ltd.

Case No.: CC/97/2023

Advocate for the Complainant: KR Reshma

Advocate for the Opposite Party: N.A.

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