DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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1.     Rajesh Garg son of late Sh.M.L.Garg, resident of House No.2070, Sector 21-C, Chandigarh.

2.     Latika Garg wife of Sh.Rajesh Garg, resident of House No.2070, Sector 21-C, Chandigarh.

                                                        …..Complainants

                                V E R S U S

        1.     Any Time Fitness, Plot No.28, Phase I, Industrial Area, Chandigarh, through its Manager.

        2.     Any Time Fitness, Corporation Office, 6th Floor, Tower B, Unit No.601 247, Park, IBS Marg Vikhol (W) Mumbai-400 083 through its Chairman-cum-Managing Director.

                ……Opposite Parties

CORAM:   SH.P.D.GOEL                                    PRESIDENT

                DR.(MRS.) MADANJIT KAUR SAHOTA  MEMBER

Argued by:  Sh.Hitesh Pandit, Counsel for the                                                 complainants.

                      OPs already exparte.

PER P.D. GOEL, PRESIDENT

1.             The complainants have filed the present complaint under section 12 of the Consumer Protection Act, 1986 (as amended upto date) “hereinafter referred to as the Act”.

2.             In brief, the case of the complainants is that the OP had charged a sum of Rs.8491/- each from them for enrollment as members of the fitness centre for a period of 10 years starting from October,2010 to October, 2020. The complainant No.1 paid a sum of Rs.8491/- on 9.10.2010 through debit card of ICICI Bank and was allotted registration No.789 and he had also paid a sum of Rs.16,000/- on 6.4.2011 for obtaining a personal training for a period of 2 months. The complainant No.2 also paid a sum of Rs.8491/- by cash on 10.10.2010 and was allotted registration No.791 for a period of 10 years and he had also paid a sum of Rs.16,000/- on 10.5.2011 for obtaining a personal training for a period of 2 months. After making the aforesaid payments, it came as a surprise to the complainants that the fitness centre had been closed on 12.5.2011 without any intimation to its members.  Hence, this complaint.

3.             OPs failed to appear, despite due service, through publication, hence, OPs were proceeded against exparte vide order dated 14.10.2011.

4.             The complainants led evidence in support of his contentions.

5.             We have heard the learned Counsel for the complainants and have also perused the record. 

6.             The averments made in the complaint, as reproduced above in para No.2 of the order, stands corroborated from the affidavit of the complainant No.1, as well as the Annexures C-1 and C-2.  Annexure C-1 is the copy of the receipt dated 10.10.2010. From this document, it is proved that the complainant No.2 had paid a sum of Rs.8491/- for Anytime Package of 10 years from 10.10.2010 to 10.10.2020 for enrollment as member of the fitness centre.  Annexures C-2 is the copy of the detailed statement of Account No.040301500723, which shows that the complainant No.1 had paid a sum of Rs.8491/- to the OPs through debit card for enrollment as member of the fitness centre.  

7.             Otherwise also, the allegations made in the complaint have gone un-rebutted and un-controverted as nobody appeared on behalf of the OPs to contest the case. The fitness centre of OPs had been closed on 12.5.2011, without any intimation to the complainants or its members, which amounts to gross deficiency in service and adopting unfair trade practice on the part of OPs. 

8.             As a result of the above discussion, the complaint is allowed and the OPs are jointly and severally directed to refund Rs.8491/- each to the complainant along with Rs.5000/- (Rs.2500/- each) as compensation to the complainants for mental agony and harassment besides Rs.2500/- as costs of litigation. 

9.             This order be complied with by OPs within one month from the date of receipt of its certified copy, failing which OPs shall be liable to pay total amount of Rs.21,982/- each along with penal interest @ 12% p.a. from date of filing of the complaint till its realization besides Rs.2500/- as litigation costs.

10.            Certified copies of this order be sent to the parties free of charge. The file be consigned.