LAWS(NCD)-2023-1-80

S. SHANMUGA SUNDARAM Vs. POSITIVE HOMEOPATHY

Decided On January 19, 2023
S. Shanmuga Sundaram Appellant
V/S
Positive Homeopathy Respondents

JUDGEMENT

(1.) This Revision Petition has been filed by the Petitioner against the Order dtd. 10/3/2020 passed by the Tamil Nadu State Consumer Disputes Redressal Commission (in short, the 'State Commission) in Appeal No. 116 of 2019, wherein the State Commission upheld the Order of the District Consumer Disputes Redressal Forum, Coimbatore (in short, the 'District Forum').

(2.) Brief facts that the Complainant approached 'Positive Homeopathy' - OP for treatment of "Heloma Durums (abnormal growth and hardening skin in soles and palms causing severe pain). The OP offered a treatment package and assured of complete cure from the hardened skin, which will become soft within three months and his skin will become normal in within six months. It was alleged that the Complainant took treatment as per the assured package but there was no cure even after one year. The OP gave free treatment for further one year. Since there was no cure, it amounts to alleged unfair trade practice and deficiency in service of the OP offering false treatment package. Being aggrieved, the Complainant filed the Complaint before the District Forum.

(3.) The OP denied that it assured or promised about complete cure. The Complainant and his son on their own came to OP for homeopathy treatment, which is a holistic treatment. The cure depends upon various factors and no doctor can promise 100% cure of any ailment of any patient.