Couple falls prey to misleading IVF ads, wins battle in court

Petlee Peter| TNN | Updated: Oct 13, 2017, 06:49 IST




BENGALURU: Five years after they fell prey to misleading advertisements about In Vitro Fertilization (IVF) and two years after they approached a consumer court, a couple from SR Nagar got a favourable judgement ordering a refund of their money and a compensation of Rs 1 lakh on June 17, 2017.

In 2012, the couple, who are now in their 40s and married for over 20 years, came across television ads on fertility treatments claiming 100% success rate. They immediately reached out to KT Gurumurthy and his associate Chandran, described in the ads as experts representing Base Fertility Poorva Deeksha Advanced Clinical Laboratory of Shrushti Global Foundation.

Having taken the advertisements on face value, the couple, keen to have children, opted for treatment with the duo at one of their many facilities from June 15, 2012. They deposited Rs 3 lakh, including Rs 50,000 each towards egg donation and consultation, which they arranged after pledging their gold ornaments.

Soon, the insemination process was complete and the woman underwent further treatment with assurance from Gurumurthy that she'd conceive. But barely 15 days into the treatment, the doctors told the couple that the treatment was a failure. Dejected, the couple demanded a refund given that they were promised 100% success, but they were threatened of "dire consequences". The doctors, the couple said, had claimed that they were influential people with strong connections in the government, and the couple decided not to confront them.

However, three years later, on June 21, 2015, Vijaya Karnataka (a Kannada newspaper) reported that a consumer forum had slapped a fine of Rs 34 lakh on Gurumurthy after it found him of having cheated many couples through unfair medical practices. Encouraged by the judgement, the couple approached Gurumurthy and his team again only to face threats.

Approached consumer court

Left with no option, they approached the 3rd Additional Bangalore Urban District Consumer Disputes Redressal Forum on October 10, 2015, accusing Gurumurthy and Chandran of false claims of expertise and adoption of illegal methods of treatment. Base Fertility Poorva Deeksha Advanced Clinical Laboratory, Shrushti Global Foundation and ISIS Medicare, which the duo represent, were also made party.

The judges, who found that the doctors used unfair trade practices apart from fake advertisements, directed the doctors to refund Rs 3 lakh, besides paying a compensation of Rs 1 lakh and Rs 5,000 as litigation charges.