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UI underwent a dental procedure of putting ceramic braces for which Clove Dental charged 1 lac Rs. upfront ( for 2 years) and did not completely inform about the side effects and about the fact that they include a line of no refund policy in consent form itself. I got them removed and was told I’ll get 30% refund. I refused to sign and went to consumer forum online in which they replied and cited these forms saying I agreed to no refund. Please don’t ask why I paid so much. I asked them for 65% only without compensation, which was the paid fees minus the cost of braces and their fees but their complete denial after initial offer pissed me off. It is predatory. Therefore, I intend to go further legally but do I even have a case given they have signed documents? How can a dentist give false reassurance and take valid consent?
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SIf you have agreed to a no refund clause in writing then claiming it will be difficult. It would depend on the exact clause though.
Informed consent is for medical treatment not commercial transactions. Here also in the form you do sign that you have understood the process and side effects which have been explained to you and that you consent . You will need to prove that crucial information was withheld which will be very difficult because you won’t have any proof that a specific fact wasn’t disclosed since the explanation would be oral and it will be a matter of “he said, she said”
Finally comes the question of negligence and lack of adherence to accepted medical standards. Again super difficult to prove.
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