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Judgment
APPELLANT approached the respondent for reducing his weight to the extent of 30 kg. According to him he paid fees of Rs. 15,000, though the cash-memo was issued for amount of Rs. 7,500. Since the weight could not be reduced by the respondent, the appellant filed the instant complaint before District Forum seeking refund of the amount paid by him as well as compensation for mental agony and harassment.
VIDE impugned order dated 24.4.2006, passed by the District Forum, the respondent has been directed to refund only Rs. 7,500 and Rs. 5,000 as compensation and cost of litigation. Feeling aggrieved the appellant has preferred this appeal.
As is apparent the limited grievance of the appellant is against the amount, which he claims to have paid whereas the District Forum has relied upon the cash-memo. The appellant has relied upon the cash-memo dated 28.3.2004. We have perused this cash-memo, the total amount chargeable was Rs. 15,000 in the package. The amount received on that day in advance was Rs. 7,500. However, in the column of balance due the amount has been shown as NIL, in the cash-memo. It appears that the column "balance due" showing "NIL" has skipped the notice of the District Forum. Since the District Forum has held the respondent guilty for deficiency in service, we allow the appeal by modifying the impugned order to the extent that the respondent shall refund a sum of Rs. 15,000 and pay Rs. 5,000 as compensation as awarded by the District Forum.
THE payment shall be made within one month from the date of receipt of this order. Bank Guarantee/FDR, if any, furnished by the appellant be returned forthwith.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal allowed.