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3. Allured by the aforesaid advertisement, the complainant alongwith her friend Smt. Archana Tuli visited Vital Weight Clinic run by the OP No.1 on 05.03.1997 and met OP No.1 and inquired about the details of liposuction technique as advertised in the newspaper the Hindustan Times. OP No.1 assured her that an opening of only 4 to 4 mm diameter would be made on a hidden part of the body to remove the fat and that she could go back on the same day and attend to her daily routine without discomfort. On the said representation and inducement she was induced to pay Rs.5,000/- as an advance to OP No.1 for which no receipt was issued by him at that time. She was asked to come for Liposuction on Friday i.e. 07.03.1997 at 9.a.m. As instructed by OP No.1, the complainant along with her colleague and friend Smt. Archana Tuli, went to OP No.4 (Jain Medical Centre) at 8.a.m. in the morning of 07.03.97, located at A-39, New Delhi South Extension part-II, New Delhi.

7. As against this the OP vehemently denied that there was any allurement and/or the complainant was allured by the said advertisement. It is vehemently denied that OP No.1 assured the complainant that opening of only 3 to 4 mm would be made on a hidden part of the body to remove the fat. There were series of discussions and meetings and whereupon the correct procedure and process was explained to the complainant. The complainant after understanding the same being an educated lady came forward for the said process and was rightly treated for. However, the corrective measures were to be followed which were not cared for by the complainant and she did not follow the same with OP No.1 who kept on reminding the complainant for the same. The name of the treatment for different patients would remain the same. However, the extent and gravity of the problem can vary the duration of surgery and recovery. Depending upon the requirement different procedures are followed for different persons. A person, who has attained such a heavy weight with accumulation of such excessive fat allover her body with the passage of number of years together, can not be turned into a slim trim girl by any specialized skill, that too within a span of few hours. OP No.1 took extra care in explaining the same operation by way of diagrams as well as by way of illustrations as being provided in various textbooks as the complainant being an educated lady showed keen interest to understand the same. The complainant agreed for Lipoplasty of Arms which is an additional procedure of Liposuction and involves removal of stretched and hanging skin of arms as well. It is vehemently denied that the complainant was induced to pay Rs.5000/- as advance to OP No.1. As no payment was made, no receipt was issued at that time. By this procedure, any area of the body can be brought into shape, which has excess fat deposit in that area. The extracts of well known/ well read and universally accepted as authorities in the field of cosmetic surgery related to Lipoplasty are annexed as Ex.R-2(colly). The procedure of liposuction is part of lipoplasty.

Lipoplasty involves liposuction and excision of extra fat and skin. The complainant had come to the OPs about a week before March 3, 1997 and then again on March 3, 1997 for consultation before the surgery.

8. OP No.1 upon her first meeting itself, informed the complainant that she was suffering from Bat-Wings which is a deformity of the upper arms. In such a condition of a patient, large volume of fat hangs down on the upper arm and is covered with thick and stretched skin. Exactly the same was the condition of the complainant when she came to OP NO.1. during detailed discussions held with the complainant, it was clearly mentioned and, explained by OP NO.1 and understood by the complainant as to the type of treatment required for the correction of aforesaid deformity in the upper arms. The complainant was informed that she will need an operation called lipoplasty of Arms. As already submitted above it was clearly informed to her that the lipoplasty involves liposuction and excision of extra fat and skin. The complainant being educated person not only understood the problem she was suffering from but also the type of treatment required, the procedure involved and the general information about the Liposuction as well Lipoplasty through consultation. The complainant also took the information brochure from OP No.1. The availability of the brochure free of cost does not ipsofacto point out that the said procedure is being recommended or is being advised which is contrary to the consultations and advice, given to the complainant. The information with regard to Liposuction is freely available at various places as well with OP NO.1. However, what treatment the patient will be required would depend upon the expert advice with regard to his or her specific need.

Paunchy belly, Bulging flanks. Lower belly bulge. Blouse bulge or chest rolls, upper thigh side bags, double chin, Male breast, or gynaecomastia. Any other fat spot to give smooth countour to body shape.

IDEAN FOR   Hanging belly, fold after deliveries, remaining fatty bludges after losing weight.

VITAL WEIGHT CLINIC L-3(GF), South Ext. 2 (Near NIIT) New Delhi-110049.

Ph: 6484882, 6442333.

(ii)   Annexure B is copy of brochure of Vital Weight Clinic explaining the procedure of liposuction, what area the benefits of liposuction and which problems can e treated by liposuction.