IMPORTANT POINTS
1. There is no difference in legal theory between the plaintiff injured through medical negligence and the plaintiff injured in an industrial or motor accident.
2. In the case of medical negligence and deficiency in service in treatment of a patient damages are to be quantified under two heads pecuniary and non-pecuniary damages.

ORDER

Swapan Kumar Mahanty, President—This is an application u/s.12 of the C.P. Act, 1986.

2. The complainant being influenced with the attractive package and various advertisements, interviews on Social Medias as well as daily newspapers approached the OP-3 for taking their services for reduction of body fat within a stipulated time. The complainant disclosed her medical history to the OP-3 and also filled in different forms provided by the clinics before undergone various surgeries. The procedure of fat reduction is called Cool Technique Procedure for which reduction of stubborn body fat will lose having no side effects in considering the medical history of the complainant. Being satisfied the complainant decided to undergo the weight reduction by Cool Technique Procedure at 08 degree celsius with a promised of 30 percent fat reduction and paid a huge amount. The OP-3 repeatedly assured the complainant that said programme shall continue under the strict super vision of medical experts and doctors to avoid slight test negligence on the part of the staff. The complainant has not get satisfactorily results in spite of spending Rs. 5,13,879.72/- till the month of February, 2018. Mr. Tamal Manna, staff of OP-3 conducted the whole procedure without the assistance of any medical expert and/ or doctor.

3. Further case of the complainant is that on 18.02.2018 while undergoing the Cool Technique Procedure, complainant totally shattered and sustained pain on her right side of lower abdominal area. Complainant was consoled by the OP-3 that there is no worry about the pain and burn and it is minor in nature. Ultimately, the complainant contacted private doctors for treatment of second degree burn on her body and the doctor prescribed medicines. Complainant is unable to do her normal activities which were caused her intolerable pain and mental depression for which the OPs are solemnly responsible. Being aggrieved by such acts of the OP-3, the complainant approached for refund the money due to non-satisfaction of service on their part but the OP-3 did not refund such amount. Even the OP-3 unattended the legal notice dated 04.07.2018. Being aggrieved, the complainant approached this Forum by way of consumer complaint, seeking refund of Rs. 5,13,879.72/- along with interest at the rate of 10 percent P.A., compensation quantified at the rate of Rs. 5,00,000/- and litigation cost.

4. The complaint is resisted by the OPs, which admitted that complainant came to OP-3 for various treatment and paid money for different services against receipt. Every service to the complainant was successful. The complainant had acknowledged and understood the entire process, post treatment effect, possible complications and then signed consent form prior to commencement of the treatment on its each stage. The results of cosmetic treatment may vary person to person and any post treatment adverse effect does not mean that the OPs have done any wrong treatment in a negligent manner. The OPs give paramount importance to the customers satisfaction by engaging qualified and trend professionals. The employee of the OPs are qualified and trend to attend every customer a high degree care and caution. The services rendered by the OPs is best known multi disciplinary, integrated scientific approach which analysis and study individuals body compositions. A team of well qualified and experience doctors, nutritionist, dietitians, dermatologist, physiologist, counselors, physio- therapist, nurses and therapist exercise their acumen and skill to formulate highly individualized programmes. The OPs never assure or guarantee about the result of any treatment , as the result vary from person to person depending upon body structure, skin type , skin indication, metabolism and other factors including diet and life style. The complainant undergone Cool Technique Procedure and the OP-3 took due care and caution of the said procedure. There was no side effect or any problem and the OP-3