LAWS(NCD)-1999-5-179

SHOBHA GUPTA Vs. MICKY MALHOTRA

Decided On May 13, 1999
SHOBHA GUPTA Appellant
V/S
MICKY MALHOTRA Respondents

JUDGEMENT

(1.) A complaint for the refund of Rs.5,000/-, the price of electric machine called Slimmer has been dismissed by the District Forum-II, Chandigarh on 9.2.1999. Aggrieved against it, the present appeal has been preferred.

(2.) Briefly the facts are that the complainant purchased an electric machine called Slimmer in response to an advertisement, which was published in the newspaper and it was also assured that if the customer was not satisfied the price shall be returned. It was alleged in the complaint that Mr. Micky Malhotra, proprietor of Prime Bodies assured that this machine would reduce the body in inches as well as weight. The complainant used this machine for about six months but instead of reducing weight it created side effects such as irregular mensturation periods. On her complaint the machine was once changed but even thereafter it does not give the required result.

(3.) In reply filed on behalf of the respondent it was averred that without following proper diet as advised while it was delivered the said machine could not give the required result. The machine was only for the purpose of reducing excess fat lying deposited in the body and at the same time intake of fatty, high calorie diet, etc. was prohibited. The respondent denied non-functioning/working of the machine. It has been denied that the complainant came to the respondent with her grievance at any time. The receipt of the legal notice was also denied.